AG 2018 10 15 - Laserfiche WebLink

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disputed by Griffin, the County shall withhold the annual Grant payment until such time that Griffin is current on payment of all such taxes. 2. State and County Incentives. The County agrees to assist Griffin in obtaining any incentives, grants and programs that may be or become available from the State of North Carolina and/or the City of Concord; however, the County shall not be responsible for obtaining or paying any State or County incentives to Griffin, except as otherwise provided by law. 3. Validity of Grants. As stated in the Program, no change in the Program after the date of this Agreement shall apply to the provisions of this Agreement or to the New Investment or the Facility (as it may be expanded or modified) unless otherwise agreed to in writing by the County and Griffin. In the event one or more lawsuits or other proceedings are brought against the County or any County elected official challenging the legality of this Agreement or any provision, the County shall defend against any and all such lawsuits or other proceedings, including appealing any adversejudgment to the highest appellate court of the State of North Carolina. In the event that any of the incentives or other agreements of the County are determined to be invalid, the County agrees that it will, to the extent permitted by law, provide Griffin with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncompliance by Griffin. Griffin acknowledges that at any time during the period that a Grant is paid or is to be paid to Griffin by County, if Griffin has (a) failed or fails to make or maintain the New Investment, (b) fails to continue in business a fully operational Facility or (c) fails to comply with any provision of this Agreement, particularly the provisions concerning use of the Facility, or (d) any representation about jobs in the EDC's overview attached as Exhibit B or any provision of the Program applicable to this Agreement, then Griffin shall be in default of this Agreement. In any such event, the County shall give written notice to Griffin describing such default. In the event that Griffin shall fail to cure such default within 90 days of having received such written notice, the County may at its option terminate this Agreement and withhold all father Grant payments and require repayment of all prior Grant payments. 5. Griffin Representations. Griffin represents as of the Agreement Date as follows: a) Griffin is an entity (i) duly organized and validly existing under the laws of its state of formation; (ii) is duly qualified to transact business and is in good standing in North Carolina; (iii) is not in violation of any provision of its organizational documents; (iv) has full corporate power to own its properties and conduct its business; (v) has full power and authority to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement; (vi) by proper action has duly authorized the execution and delivery of this Agreement; and (vii) is not in default under any provision of this Agreement. Page 153