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158 SECTION 10. State Incentives. The City and the County agree to assist Bell/Sysco 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 Bell/Sysco any incentives, grants and programs that the State of North Carolina provides to cities and counties for economic development purposes, including without limitation, incentives in the nature of those referred to in the attached Exhibit H. SECTION 11. 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 Facility (as it may be expanded). In the event one or more lawsuits or other proceedings are brought against the City or the County or any City or County elected official challenging the legality of this Agreement or any portion hereof, then the City and the County 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 City or the County are determined to be invalid, the City and the County agree that they will, to the extent permitted by law, provide Bell/Sysco with incentives of substantially equal value pursuant to one or more replacement grant incentive programs. SECTION 12. Miscellaneous. 12.1 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 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 28025 Attn: City Manager Telefacsimile No. (704) 786-7068 Copy To: Gordon L. Belo, Esq. Plummer, 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 Attention: County Manager Telefacsimile No. (704) 788-9820 Copy to: Fletcher L. Hartsell, Jr., Esq. Hartsell Hartsell Spainhour & Shelley, P.A. 29 Church Street, S.E. Concord, North Carolina 28025 Telefacsimile No. (704) 788-8058 Bell/Sysco: Bell/Sysco Food Services, Inc. 116 North Woodfin Avenue Asheville, North Carolina 28804 Attn: President Telefacsimile No. (704) 251-1394 Copy to: Sysco Corporation 1390 Enclave Parkway Houston, Texas 77077 Attn: General Counsel Telefacsimile No. (713) 584-2510 The City and County or Bell/Sysco may, by notice given to the other, designate any further or different addresses to which notices, certificates, requests of other communications shall be sent. 12.2 Binding Effect. This Agreement shall inure to the benefit of and is binding upon the City and the County and Bell/Sysco and their respective successors and assigns.