AG 1998 11 16 - Laserfiche WebLink

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2. State Incentives. The City and the County agree to assist ZSI in obtaining any incentives, grants, or programs that may be or become available from the State of North Carolina and shall "pass through" to the benefit ot'ZSl any incentives, grants, or programs that the State of No~.h Carolina provides to cities and counties of economic development purposes. Validity of Incentives. As stated in the Incentive Programs, no change in the Incentive Programs after the date hereof shall apply to the provision ol"this Agreement or to the Facility In the event one or more lawsuits or other proceedings are brought against the City or the County challenging the legality of this Agreement or any portion thereof, then the City and the County shall defend ICV and ZSI 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, agreements or other assistance by the City or the County are determined to be invalid, the City and the County agree that they will, to the extent permitted bY'law, provide ZS I with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. 4. Miscellaneous. (a) Notices. All notices, demands, requests and other communications required or permitted hereunder (individually, a "Notice" or collectively, "Notices") shall be in writing and shall be deemed to have been duly given or served when: (a) delivered in person; (b) mailed by certified or registered mail, postage prepaid and return receipt requested; © served by Federal Express or another similar courier service; or (d) transmitted by facsimile, telex or any other reliable means of electronic transmission (which specifically does not include Internet electronic mail), so long as the sender received written confirmation of the receipt of same by the recipient's machine. All Notices provided for herein shall be addressed to the parties at their addresses as set forth herein or, if known to be different, at the most recent permanent address of the recipient. All Notices shall be effective upon being deposited in the United States Mail, or if sent by courier, when properly delivered to the courier, or if by facsimile, on the date of transmission; provided, however, that the time period in which a response to any Notice must be given or cure effected, if any, shall commence to run from the date of receipt of the Notice by the addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the Notice. By giving at least five (5) days' prior written notice pursuant to the provisions hereof, the parties hereto shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America. The City: The City of Concord PO Box 308 26 Union Street, South Concord, North Carolina 28205 Attn: City Manager Telecopier No. (704) 786-7068