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incentives, grants and programs that the State of North Carolina provides to cities and <br />counties for economic development purposes. <br />SECTION 6: Validity of Incentives. <br /> <br /> As stated in each &the Programs, no change in the Programs after the date hereof <br />shall apply to the provisions of this Agreement or to the Project (as it may be further <br />expanded). In the event one (1) or more lawsuits or other proceedings are brought <br />against the City, the County or the Tourism Authority or any City, County, or Tourism <br />Authority official, challenging the legality of this Agreement or any portion hereof, then <br />the City, the County, and the Tourism Authority shall defend against any and all such <br />lawsuits or other proceedings, including appealing any adverse judgment to the <br />appropriate Court. In the event that any of the economic incentives or other agreements <br />&the City, the County, or the Tourism Authority are determined to be invalid, the City, <br />the County and the Tourism Authority agree that they will, to the extent permitted by <br />law, provide the Developer with economic incentives of substantially equal value <br />pursuant to one (1) or more replacement economic incentive grant programs. <br />SECTION 7: Miscellaneous. <br /> <br /> (a) Notices. All notices, certificates or other communications required by or <br />made pursuant to this Agreement shall be sufficiently given and shall be deemed given <br />when delivered or mailed by registered or certified mail, postage prepaid or sent by <br />facsimile (confirmed by the party providing the notice) as follows: <br /> <br />THE CITY: <br /> <br />The City of Concord · <br />P.O. Box 308 <br />26 Union Street, South <br />Concord, NC 28025 <br />Attn: W. Brian Hiatt, City Manager <br />Facsimile No.: (704) 786-7068 <br /> <br />Filcnam¢- S\PlanningXlnccntive Grant Agreement.doc - 1 1 - <br /> <br />Revised I 1/~/98 <br /> <br /> <br />