AG 2006 08 21 - Laserfiche WebLink

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2. State and Countv Incentives. The County agrees to assist PreGel in obtaining any incentiv~s, 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 obtain*g or paying any State or County incentives to PreGel, except as otherwise provided by :law. 3. Validit'( 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 PreGel. In the event one or more lawsuits or other proce~dings are brought against the County or any County elected official challenging th~ legality of this Agreement or any provision, the County shall defend against any an~ 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 PreGel with incentives of substantially equal value pursuant to one or more replacement incentive grant programs. 4. Noncolloliance bv PreGel. PreGel acknowledges that at any time during the period that a Grant!ispaid or is to be paid to PreGel by County, ifPreGel has (a) failed or fails to make 9r 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 or any provision of the Program applicable to this Agreement, then PreGel shall be in default of this Agreem~nt. In any such event, the County may at its option terminate this Agreement and no further Grants shall be paid to PreGel. 5. Miscellflleous. a) PreGel 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 cirder to be eligible for and remain eligible for the Grants. b) This Agreement and the Grants provided by it may not be assigned by PreGel without the prior written consent of County. c) Notices. AlI notices, certificates or other communications required by or made pl\rsuant to this Agreement shall be sufficiently given and shall be deemed given when d~livered or mailed by registered or certified mail, postage prepaid or sent by facsimile (cQnfirmed by the party providing notice) as follows: The County: John D. Day Cabarrus County County Manager 65 Church Street, SE Post Office Box 707 / Cb-I