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SECTION 2. State Incentives. The County agrees to assist BSL in obtaining any incentives, <br />grants and programs that may be or become available from the State of North Carolina and shall <br />';pass through" to the benefit of BSL any incentives, grants and programs that the State of North <br />Carolina provides to cities and counties for economic development purposes, including without <br />limitation, incentives in the nature of those referred to in the attached Exhibit E. <br /> <br /> SECTION 3. Validity of Incentives. As stated in the Program, no change in the Program <br />after the date hereof shall apply to the provisions of this Agreement or to the Facility (as it may <br />be expanded). In the event one or more lawsuits or other proceedings are brought against the <br />County or any County elected official challenging the legality of this Agreement or any portion <br />thereof, then the County shall defend against any and all such lawsuits or other proceedings, <br />including appealing any adverse judgment to the appropriate Court. In the event that any of the <br />incentives or other agreements of the County are determined to be invalid, the County agrees that <br />it will, to the extent permitted by law, attempt to provide BSL with incentives of substantially <br />equat value pursuant to one or more replacement grant incentive programs. <br /> <br />SECTION 4. Water and Sewer Services. <br /> <br />SECTION 5. Miscellaneous. <br /> <br /> 5.1 Notices. All notices, certificates or other communications required by or made pursuant to <br />this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed <br />by registered or certified mail, postage prepaid or sent by telefacsimile (confirmed by the party <br />providing notice) as follows: <br /> <br />The County: <br /> <br />Cabarrus Connty <br />G: ,~,rnmental Center <br />P,;~. Office E,ox 707 <br />Concord, North Carolina 28026-0707 <br />At~cution: County M,~nager <br />Telefacsimile No. (704) 788-9820 <br /> <br />Copy to: <br /> <br /> Fletcher L. Hartsell, Jr., Esq. <br />Hartsell Hartsell Shelley & White, P. A. <br />77 McCachern Boulevard Se <br />Concord, North Carolina 28025 <br />Telefacsimile No. (704-788-8058) <br /> <br />Todd Vance, Location Manager <br />Builders' Supply & Lumber Co., Inc. <br />5650 Highway 49 South <br />H:~ isburg, North Cato!ina 28075 <br />Telefacsimile No. (704-455-9800) <br /> <br /> <br />