AG 1997 07 21 - Laserfiche WebLink

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1,100 gallons per minute at a minimum pressure of 20 pounds per square inch nd an average flow rate of 400 gallons per minute (576,000 gallons per day) at a minimum pressure of 50 pounds per square inch. The first of such lines shall be in service on or before May 1, 1997; the second of such lines shall be in service on or before January 1, 1998. 4.0 Water/Sewer Rates. Ail water and sewer service usage at the Property will be charged to Corning at the lowest rates charged to other water and sewer customers as established and amended by the Concord City Council from time to time. The current rates are attached hereto as Exhibit C. 5.0 Completion by Corninq. In the event that any improvements required to be made under this Agreement have not been completed by the aforementioned dates, Corning may (but shall not be obligatea to) complete any or all such improvements after having given the party responsible therefore at least fifteen (15) days' prior written notice, and the party so responsible shall reimburse Corning for all costs incurred to complete such improvements. 6.0 State Incentives. The County and City agree to assist Corning in obtaining any incentives, grants and programs that may be or become available from the State of North Carolina and shall "pass through" to the benefit of Corning any incentives, grants and programs that the State of North Carolina provides to cities and counties for economic development purposes. 7.0 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 Property or the Facility (as it may be expanded or modified). In the event one or more lawsuits or other proceedings are brought against the County or City or any County or City elected official challenging the legality of this Agreement or any portion hereof, then the County and City 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 and/or City are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide Corning with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. 8. Miscellaneous 8.1 Notices. Ail notices, certificates or other communications required by or made pursuant to this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by facsimile (confirmed by the party providing notice) as follows: