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(1) In addition,in the event that the Company or Related Member Parties fail to fulfill their <br /> responsibilities under the Company Application and/or CPA,including their responsibilities to create <br /> and/or retain jobs,make investments, and incur statutorily qualifying expenses,and the Local Government <br /> recaptures funds from the Company,the Local Government shall promptly pay to DOC the Grant amounts <br /> which it is able to collect. <br /> III. GENERAL PROVISIONS <br /> (a) The parties to this LGGA agree and understand that the payment of all sums specified in this <br /> LGGA is dependent and contingent upon and subject to the appropriation,allocation,and availability of <br /> funds to DOC for this purpose. <br /> (b) Failure of DOC at any time to require performance of any term or provision of this LGGA shall in <br /> no manner affect the rights of DOC at a later date to enforce the same or to enforce any future compliance <br /> with or performance of any of the terms or provisions hereof. No waiver of DOC of any condition or the <br /> breach of any term,provision or representation contained in this LGGA,whether by conduct or otherwise, <br /> in anyone or more instances,shall be deemed to be or construed as a further or continuing waiver of any <br /> such condition or of the breach of that or any other term,provision or representation. <br /> (c) The recitals are an integral part of this LGGA. <br /> (d) This LGGA constitutes a legally enforceable contract and shall be governed and construed in <br /> accordance with the laws of the State of North Carolina. The parties agree and submit,solely for matters <br /> concerning this LGGA,to the exclusive jurisdiction of the courts of North Carolina and agree,solely for <br /> such purpose,that the only venue for any legal proceedings shall be Wake County,North Carolina. The <br /> place of this LGGA,and all transactions and agreements relating to it,and their situs and forum,shall be <br /> Wake County,North Carolina,where all matters,whether sounding in contract or tort,relating to its <br /> validity,construction,interpretation,and enforcement,shall be determined. <br /> (e)This Grant award shall terminate and be null and void on September 30,2011,if by that date <br /> the Local Government has not delivered back to the DOC an original of this LGGA and of the CPA, <br /> duly executed by an authorized official of the Local Government,and attested in the manner <br /> provided below,together with a copy of the Local Incentive Agreement. <br /> Upon execution of this LGGA by DOC and.the Local Government in the spaces below,the Local <br /> Government hereby accepts the Grant on the terms of this LGGA,effective on the date indicated above, <br /> and further certifies that the official signing below has been duly authorized by the Local Government's <br /> governing body to execute this LGGA. <br /> North Carolina Department of Commerce <br /> Date: r( By: <br /> Dale B.Carroll,N.C. eputy Secretary of Commerce <br /> Local Government Grant Agreement <br /> Signature page follows <br /> 4 <br />