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15. Force Majeure. If (a) during the term of this Grant the real or personal property located on or
<br />constituting the Property suffers damage or destruction caused by acts of God, fires, floods, storms,
<br />insurrection, riots, acts of a public enemy, national catastrophe, or similar unexpected events, (b) such
<br />damage or destruction was not principally caused by the gross negligence, willful misconduct, or
<br />violation of applicable law by the Company, (c) the Company uses reasonable efforts to repair, or to
<br />work around, such damage or destruction immediately, and (d) as a direct result of such damage or
<br />destruction the Company cannot satisfy the requirements and obligations of this Grant Agreement, then
<br />the Company will not be determined to be in default due to conditions directly caused by the force
<br />majeure.
<br />16. Special Provisions and Conditions.
<br />(a). Non-discrimination. The Company agrees not to discriminate against any person based on age
<br />(as defined in the Orange County Civil Rights Ordinance), race, ethnicity, color, national origin, religion,
<br />creed, sex, gender, gender identity, gender expression, marital status, familial status, source of income,
<br />disability, political affiliation, veteran status, or disabled veteran status related to the activities of this
<br />Grant Agreement.
<br />(b). Compliance with Laws. The Company shall at all times observe and comply with all laws,
<br />regulations, codes, rules, ordinances and other requirements (together, “Laws”) of the state, federal and
<br />local governments which may in any manner affect the performance of the Grant Agreement or the
<br />Project.
<br />(d). Non-Assignability. The Company shall not assign or transfer any interest in the Grant Agreement
<br />without the prior written consent of County, which shall not be unreasonably withheld.
<br />(e). Personnel. The Company represents that it has, or will secure at its own expense, all personnel
<br />required to monitor, carry out and perform the scope of services of this Agreement. Such employees
<br />shall not be employees of County. Such personnel shall be fully qualified and shall be authorized under
<br />state and local law to perform such services.
<br />17. Notice. All notices required or permitted to be delivered pursuant to this Grant Agreement and
<br />all communications in respect thereof shall be in writing and shall be deemed given when personally
<br />delivered or when deposited in the United States mails, certified, return receipt requested, first class,
<br />postage prepaid and addressed as follows:
<br />If to the Company:
<br />Attn: Alan Wells
<br />ABB, Inc.
<br />305 Gregson Avenue
<br />Cary, NC 27511
<br />
<br />If to the County:
<br />Attn: Economic Development Director
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