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Section 2. State Incentives. The City and the County agree to assist P&S in obtaining <br />any incentives, grants and programs that may be or become available from the State of North <br />Carolina and shall "pass through" to the benefit of P&S any incentives, grants and programs <br />that the State of North Carolina provides to cities and counties for economic development <br />purposes. <br /> <br /> Section 3. Validi ,ty 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 capital equipment <br />expansion. In the event one (1) or more lawsuits or other proceedings are brought against the <br />City or County or the City or any City or County elected official challenging the legality of this <br />Agreement or any portion thereof, then the City and County shall defend against any and all <br />such lawsuits or other proceedings, including appealing any adverse judgment to the appropriate <br />Court. In the event that any of the incentives or other agreements of the City or County are <br />determined to be invalid, the City and County agree they will, to the extent permitted by law, to <br />provide P&S with incentives of substantially equal value pursuant to one (1) or more <br />replacement grant incentive programs. <br /> <br />Section 4. Miscellaneous. <br /> <br /> 4.1 Notices. All notices, certificates or other communications required by or made <br />pursuant to this Agreement shall be sufficiently given and shall be deemed given whe,n delivered <br />or mailed by registered or certified mail, postage prepaid or sent by telefacsimile (confirmed by <br />the party providing notice) as follows: <br /> <br />The City: <br /> <br />The City of Concord <br />P. O. Box 308. 26 Union Street, South <br />Concord, North Carolina 28025 <br />Attn.: City Manager <br /> <br />TelefacsimileNo.: (704) 786-7068 <br /> <br />The County: <br /> <br />Cabarrus County <br />Governmental Center <br />Post Office Box 707 <br />Concord, North Carolina 28026-0707 <br />Attention: County Manager <br /> <br />Facsimile No. (704) 788-8058 <br /> <br /> <br />