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The one time payment of $671,970.16 made by the County to Stanley along with the previous <br />investment of $61,709.40 made by the County during the construction process of the proj eot constitute <br />the total financial incentives to be paid to Stanley by the County. It is also acknowledged that the <br />County incurred both direct and indirect expenses and expenditures in support of Stanley's efforts to <br />construct the Facility within Cabarms County. The County also assisted Stanley in dealing with the <br />State of North Carolina and its agencies involved during the development of the project and <br />construction of the Facility. <br /> <br />SECTION 2. Validi ,ty of Incentives. <br /> <br />It is understood that the incentives outlined within this Agreement and provided to Stanley have since <br />been modified and are no longer available. A new system defined as the Cabarms County Industrial <br />Development Incentive Grant Program has replaced the basis of the proposal which was negotiated <br />with Stanley. In the event one or more lawsuits or other proceedings ~-~brought against the County <br />or any elected official of the County challenging the legality of this Agreement or any portion thereof, <br />the County shall de?end Stanley against any and all such lawsuits or other proceedings, including <br />appealing any adverse judgement to the appropriate court. In the event that any of the incentives, <br />agreements or other assistance by the County are determined to be invalid, the County agrees that it <br />will, to the extent permitted by law, provide Stanley with incentives of substantially equal value <br />pursuant to one or more replacement grant incentive programs. <br /> <br />SECTION 3. Miscellaneous <br /> <br />4.1 Notices. Ali notices, certificates or other communications required by or made pursuant <br />to this Agreement shall be deemed sufficiently given when delivered or mailed by registered <br />or certified mail, postage prepaid or sent by telefacsimile (confirmed by the party providing <br />notice) as follows: <br /> <br />The County: <br /> <br />Cabarms County <br />Governmental Center <br />P.O. Box 707 <br />Concord, North Carolina 28026-0707 <br />Attention: County Manager <br />Telefacsimile No. (704) 788-9820 <br /> <br />Copy To:~,. <br /> <br />Fletcher L !:l~t~ell, Jr., Esq. <br />Hartsell, Hartsell, Spainhour & Shelley, P.A. <br />P. O. Box 368 <br />Concord, North Carolina 28026 <br />Telefacsimile No. (704) 788-8058 <br /> <br />Stanley: <br /> <br />The Stanley Works <br />480 Myrtle Street <br />New Britain, Connecticut 06053 <br />Attention: Vice-President / Controller <br />Telefacsimile No. (860) 827-5645 <br /> <br /> <br />