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Agenda - 06-16-20; 8-e - Approval of Two Contracts Associated with the State of North Carolina’s “Building Reuse Grant” Incentive to ABB, Inc.
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Agenda - 06-16-20; 8-e - Approval of Two Contracts Associated with the State of North Carolina’s “Building Reuse Grant” Incentive to ABB, Inc.
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6/12/2020 8:45:34 AM
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BOCC
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6/16/2020
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Business
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Agenda
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8-e
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Agenda 06-16-20 Virtual Business Meeting
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Rural Economic Development Loan Agreement and <br />Legally Binding Commitment, Private Owner <br />BUILDING REUSE PROGRAM – Revision #3 <br />EXHIBIT E <br /> <br />2020-025-3201-2587 <br /> <br />Legally Binding Commitment - 10 <br /> <br />If to the Governmental Unit: Attn: <br /> <br /> <br /> <br /> <br /> <br />To the Owner: Attn: <br /> <br /> <br /> <br /> <br /> <br /> or addressed to such other address or to the attention of such other individual as either party <br />above shall specify in a notice pursuant to this subsection. <br /> <br />18. Entire Agreement. This LBC supersedes all prior agreements between the Governmental <br />Unit and the Owner with regard to the Loan and the Project and expresses their entire <br />understanding with respect to the transactions contemplated herein, and shall not be <br />amended, modified or altered except pursuant to a writing signed by both Parties. <br /> <br />19. Execution. This LBC may be executed in one or more counterparts, each of which, when <br />executed, shall be deemed an original, and all such counterparts, together, shall constitute <br />one and the same LBC which shall be sufficiently evidenced by one of such original <br />counterparts. <br /> <br />20. Construction. This LBC shall be construed and governed by the laws of the State of North <br />Carolina. <br /> <br />21. Severability. Each provision of this LBC is intended to be severable and, if any provision <br />of this LBC is held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect or impair any other provision of this LBC, but <br />this LBC shall be construed as if such invalid, illegal or unenforceable provision had not <br />been contained herein. <br /> <br />22. Force Majeure. If (a) during the Grant Term the real or personal property located on or <br />constituting the Property suffers damage or destruction caused by acts of God, fires, floods, <br />storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected <br />events, (b) such damage or destruction was not principally caused by the negligence, willful <br />misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts <br />32
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