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6O8 <br /> <br />Corning: <br /> <br />Corning Incorporated <br />One Riverfront Plaza <br />Corning, NY 14931 <br />Attention: General Counsel <br />Facsimile No.: (607) 974-8656 <br /> <br /> The County, City, WSAGG or Corning may, by notice given to the other, <br />designate any further or different addressed to which notices, certificates, <br />requests or other communications shall be sent. <br /> <br /> 8.2 Binding Effect. This Agreement shall inure to the benefit of and is <br />binding upon the County, the City, WSACC and Corning and their respective <br />successors and assigns. <br /> 8.3 Amendments, Changes and Modifications. Except as otherwise provided <br />in this Agreement, this Agreement may not be amended, changed, modified or <br />altered except by written agreement of the parties. <br /> 8.4 Severability. If any provision of this Agreement is held invalid or <br />unenforceable by any court of competent jurisdiction, such holding shall not <br />invalidate or render unenforceable any other provision of this Agreement. <br /> 8.5 Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which when so executed and delivered shall be deemed an <br />original, and it shall not be necessary in making proof of this Agreement to <br />produce or account for more than one such fully-executed counterpart. <br /> 8.6 Governing Law. This Agreement is governed by and shall be construed <br />in accordance with the laws of the State of North Carolina, without regard to <br />conflict of law principles thereof. <br /> 8.7 Captions. The captions or headings used throughout this Agreement are <br />for convenience only and in no way define, or describe the scope or intent of <br />any provision of this Agreement. <br /> 8.8 Confidentiality. Corning and the County, the City and WSACC <br />acknowledge that certain Exhibits to this Agreement, and/or other information <br />provided by Corning pursuant to this Agreement, may contain Corning <br />confidential information. Accordingly, such information will be maintained in <br />confidence by the County, the City and WSACC, unless its release is consented <br />to in writing by Corning. <br /> 8.9 Construction. The parties acknowledge and stipulate that this <br />Agreement is the product or mutual negotiation and bargaining and that it has <br />been drafted by counsel for the parties. As such, the doctrine of construction <br />against the drafter shall have no application to this Agreement. <br /> 8.10 Other Assessments or Charges. In no event will Corning be <br />responsible for any costs of the improvements/utility services which are to <br />be provided by the County pursuant to this Agreement. Without limiting the <br />generality of the foregoing, in no event will the County impose any special <br />assessment or charge on the property or Corning which is related in any way to <br />the improvement/utility services which are the responsibility of the County <br />hereunder. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br />under seal as of the day and year first above written. <br /> <br />ATTEST: <br />By: /s/ Barbara Scott <br /> Plant Trusted Agent <br /> <br />ATTEST: <br />By: /s/ Frankie F. Bonds <br /> County Clerk <br />(County Seal) <br /> <br />CORNING INCORPORATED <br />By: /s/ Thomas E Nettleman <br /> <br />Title: Plant Manager <br />Concord Plant <br /> <br />CABARRUS COUNTY <br />By: /s/ Sue B. Casper <br />Title:Chairman, Board of Commissioners <br /> <br />This instrument has been preaudited in the manner required by the Local <br />Government Budget and Fiscal Control Act. <br /> By: /s/ Blair D. Bennett <br /> Finance Director, Cabarrus County <br /> <br />ATTEST: <br />By: /s/ Vickie C. Weant <br />City Clerk <br /><CITY SEAL) <br /> <br />CITY OF CONCORD <br />By: /s/ George W. Liles <br />Title: Mayor, City of Concord <br /> <br /> <br />