AG 1998 11 16 - Laserfiche WebLink

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provides to cities and counties for economic development purposes, including without limitation, incentives in the nature of those referred to in the attached Exhibit E. SECTION 3. Validity of Incentives. As stated in the Program, no change in the Program after the date hereof shall apply to the provisions of this Agreement or to the Facility (as it may be expanded). In the event one or more lawsuits or other proceedings are brought against the County or any County elected official challenging the legality of this Agreement or any portion thereof, then the County shall defend against any and all such lawsuits or other proceedings, including appealing any adverse judgment to the appropriate Court. In the event that any of the incentives or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, attempt to provide BOC with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. SECTION 4. Water Services. The City provides water service to the BOC project site through an existing twelve (12) inch line. Based upon a previous commitment to Coming Incorporated ("Corning"), and in order to ensure that reserve capacity is available for both the Coming and BOC facilities, a second water line (the "Line") to the area has been scheduled for construction. The Line shall be built, and cost shared, by the City and County in conjunction with WSACC. BOC shall not be directly responsible for any capital costs associated with the construction of the Line; however, the County and City have required that both BOC and Coming guarantee minimum daily usage rates so as to offset capital costs of the Line's construction. These rotes will be determined in accordance with user demand requirements.