AG 2013 01 22 - Laserfiche WebLink

Home Browse Search

3. Validity of Incentives. 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 Simon. 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 adverse judgment 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 Simon with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncompliance by Simon. Simon acknowledges that at any time during the period that a Grant is paid or is to be paid to Simon by County, if Simon and/or Merlin Entertainments has (a) failed to make the New Investment in the Facility, (b) fails to have a fully operational Facility for a period of ten (10) years or (c) fails to comply with any provision of this Agreement or any provision of the Program applicable to this Agreement, then Simon shall be in default of this Agreement. In any such event, the County may at its option terminate this Agreement and no further Grants shall be paid to Simon. 5. Miscellaneous. a) Simon acknowledges and understands that all the provisions of the Program are considered enforceable parts of this Agreement and that it must comply with all such provisions in order to be eligible for and remain eligible for the Grants. b) This Agreement and the Grants provided by it may not be assigned by Simon without the prior written consent of County. C) Notices. All 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 facsimile (confirmed by the party providing notice) as follows: The County: Michael K. Downs Cabarrus County County Manager 65 Church Street, SE Post Office Box 707 Concord, North Carolina 28026 Facsimile Number: (704) 920 -2820 Telephone Number: (704) 920 -2100 Attachment number 1 G -1 Page 183