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158 <br /> <br />DRAFT <br /> <br /> SECTION 10. State Incentives. The City and the County agree to <br />assist Bell/Sysco in obtaining any incentives, grants and programs <br />that may be or become available from the State of North Carolina and <br />shall "pass through" to the benefit of Bell/Sysco any incentives, <br />grants and programs that the State of North Carolina provides to <br />cities and counties for economic development purposes, including <br />without limitation, incentives in the nature of those referred to in <br />the attached Exhibit H. <br /> <br /> SECTION 11. Validity of Incentives. As stated in the Program, <br />no change in the Program after the date hereof shall apply to the <br />provisions of this Agreement or to the Facility (as it may be <br />expanded). In the event one or more lawsuits or other proceedings <br />are brought against the City or the County or any City or County <br />elected official challenging the legality of this Agreement or any <br />portion hereof, then the City and the County shall defend against <br />any and all such lawsuits or other proceedings, including appealing <br />any adverse Judgment to the appropriate Court. In the event that any <br />of the incentives or other agreements of the City or the County are <br />determined to be invalid, the City and the County agree that they <br />will, to the extent permitted by law, provide Bell/Sysco with <br />incentives of substantially equal value pursuant to one or more <br />replacement grant incentive programs, <br /> <br />SECTION 12. Miscellaneous. <br /> 12.1 Notices. All notices, certificates or other <br />communications required by or made pursuant to this Agreement shall <br />be sufficiently given and shall he deemed given when delivered or <br />mailed by registered or certified mall, postage prepaid or sent by <br />telefacsimile (confirmed by the party providing notice) as follows: <br /> <br />The City: <br /> <br />Copy To: <br /> <br />The County: <br /> <br />Copy to: <br /> <br />Bell/Sysco: <br /> <br />Copy to: <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 />Telefacsimile No. (704) 786-7068 <br />Gordon L. Belo, Esq. <br />Plummet, Belo & Russell, P.A. <br />29 Church Street, S.E. <br />Concord, North Carolina 28025 <br />Telefacsimile No. (704) 795-0516 <br />Cabarrus County <br />Governmental Center <br />Post Office Box 707 <br />Concord, North Carolina 28026-0707 <br />Attention: County Manager <br />Telefacsimile No. (704) 788-9820 <br />Fletcher L. Hartsell, Jr., Esq. <br />Hartsell Hartsell Spainhour <br /> & Shelley, P.A. <br />29 Church Street, S.E. <br />Concord, North Carolina 28025 <br />Telefacsfmlle No. (704) 788-8058 <br />Sell/Sysco Food Services, Inc. <br />116 North Woodfin Avenue <br />Asheville, North Carolina 28804 <br />Attn: President <br />Telefaesimile No. (704) 251-1394 <br />Sysco Corporation <br />1390 Enclave Parkway <br />Houston, Texas 77077 <br />Attn: General Counsel <br />Telefacsimile No. (713) 584-2510 <br /> <br />The City and County or Sell/Sysco may, by notice given to the other, <br />designate any further or different addresses to which notices, <br />certificates, requests of other communications shall be sent. <br /> <br /> 12.2 BindinR Effect. This Agreement shall inure to the benefit <br />of and is binding upon the City and the County and Bell/Sysco and <br />their respective successors and assigns. <br /> <br /> <br />