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recovery of any prior reductions, both investment and employment must meet or exceed the minimum
<br />standards outlined above.
<br />6. SEVERABILITY
<br />If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the legality,
<br />validity, or enforceability of the remaining terms, or provisions of this Agreement shall not be affected
<br />thereby; and in lieu of such illegal, invalid or unenforceable term or provision, there shall be added by
<br />mutually agreed upon written amendment to this Agreement, a legal, valid, or enforceable term or
<br />provision, as similar as possible to the term or provision declared illegal, invalid, or unenforceable.
<br />7. COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL
<br />ACTS OF NORTH CAROLINA GENERAL STATUTES
<br />All appropriations and expenditures pursuant to this Agreement shall be subject to the provisions of the
<br />Local Government Budget and Fiscal Control Act of the North Carolina General Statutes for cities and
<br />counties and shall be listed in the annual report submitted to the Local Government Commission by the
<br />County.
<br />8. GOVERNING LAWS & FORUM
<br />This Agreement shall be governed and construed by the Laws of the State of North Carolina. Any
<br />action brought to enforce or contest any section of this Agreement shall be brought in the North
<br />Carolina General Court of Justice sitting in Orange County, North Carolina. The Parties hereto stipulate
<br />to the jurisdiction of said court.
<br />9. INDEMNIFICATION
<br />The Company hereby agrees to indemnify, protect and save the County and its officers, directors,
<br />and employees harmless from all liability, obligations, losses, claims, damages, actions, suits,
<br />proceedings, costs and expenses, including reasonable attorneys' fees, arising out of, connected with,
<br />or resulting directly or indirectly from the Company's Facility in Mebane or the transactions
<br />contemplated by or relating to this Agreement, including without limitation, the possession, condition,
<br />construction or use thereof, insofar as such matters relate to events subject to the control of the
<br />Company and not the County. The County hereby agrees to indemnify, protect and save the
<br />Company and its officers, directors, and employees harmless from all liability, obligations, losses,
<br />claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys'
<br />fees, arising out of, connected with, or resulting directly or indirectly from the performance of this
<br />Agreement attributable to the negligence or misconduct of the County, its officers or employees.
<br />The indemnification arising under this Article shall survive the Agreement's termination.
<br />10. TERMINATION
<br />A. COMPANY: Upon Company's meeting its Employment and Investment obligations as set out in
<br />Section l above and upon Company's certification to such and certification of the payment of al] real
<br />and personal property taxes, as set out in Section 4 above, then upon the occurrence of any of the
<br />following events, the Company shall have the option of terminating this Agreement: Failure of the
<br />County, to provide the initial inducement installment as provided in Section 2 to this Agreement;
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