AG 1997 11 17 - Laserfiche WebLink

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SECTION 3. Validity_ of Incentives As stated in the Incentive Program, no change in the Incentive Program after the date hereof shall apply to the provision of this Agreement or to the Facility. In the event one or more lawsuits or other proceedings are brought against the City or the County or any elected official of the City or the County challenging the legality of this Agreement or any portion thereof, then the City and the County shall defend Tanger against any and ail 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 assistances by the City or the County are determined to be invalid, the City and the County agree that they will, to the extent penrfitted by law, provide Tanger with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. SECTION 4. Miscellaneous 4,1 Notices. All notices, certificates or other communications required by or made pursuant to this Agreement shall be deemed sufficiently given when delivered or mailed by registered or certified mail, postage prepaid or sent by telefacsimile (confirmed by the party providing notice) as follows: The City: The City of Concord P.O. Box 308, 26 Union Street, South Concord, North Carolina 28205 Attn: City Manager Telefacsimile No. (704)786-7068 Copy to: Gordon L. Belo, Esq. Plummet, Belo & Russell, P.A. 29 Church Street, S.E. Concord, North Carolina 28025 Telefacsimile No. (704)795-0516 The County: Cabarrus County Governmental Center Post Office Box 707 Concord, North Carolina 28026-0707 Attn: County Manager Telefacsimile No. (704)788-9820 Copy to: Fletcher L. Hartsell, Jr., Esq. Hartsell Hartsell Spainhour & Shelly, P.A. 77 McCachern Boulevard, S.E. Concord, North Carolina 28025 Telefacsimile No. (704)788-8058 042340-000002/84333-3