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<br /> days after the first notice of default is given. If the Company does not cure said default as
<br /> provided for herein,the Company shall not receive further Inducement Grant payments and shall
<br /> not be eligible for Expansion Inducement Grants as provided for in Section 3C of this
<br /> Agreement.
<br /> 7. SEVERABILITY
<br /> If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the
<br /> legality, validity, or enforceability of the remaining terms, or provisions of this Agreement shall
<br /> not be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision,
<br /> there shall be added by mutually agreed upon written amendment to this Agreement, a legal,
<br /> valid, or enforceable term or provision, as similar as possible to the term or provision declared
<br /> illegal, invalid, or unenforceable.
<br /> 8. COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL
<br /> ACT OF NORTH CAROLINA GENERAL STATUTES
<br /> All appropriations and expenditures pursuant to this Agreement shall be subject to the provisions
<br /> of the Local Government Budget and Fiscal Control Act of the North Carolina General Statutes
<br /> for cities and counties and shall be listed in the annual report submitted to the Local Government
<br /> Commission by the County.
<br /> 9. GOVERNING LAWS,DISPUTE RESOLUTION, & FORUM
<br /> This Agreement shall be governed and construed by the Laws of the State of North Carolina.
<br /> Any action brought to enforce or contest any term or provision of this Agreement shall be
<br /> brought in the North Carolina General Court of Justice sitting in Orange County,North
<br /> Carolina. The Parties hereto stipulate to the jurisdiction of said court. It is agreed by the
<br /> Parties that no other court shall have jurisdiction or venue with respect to any claims,
<br /> complaints, suits, or actions. Binding arbitration may not be initiated by either party,however,
<br /> the Parties may agree to nonbinding mediation of any dispute prior to the bringing of a claim,
<br /> complaint, suit or action.
<br /> 10. INDEMNIFICATION
<br /> The Company hereby agrees to indemnify, protect, and save the County and its officers,
<br /> directors, and employees harmless from all liability, obligations, losses, claims, damages,
<br /> actions, suits,proceedings, costs and expenses, including reasonable attorneys' fees, arising out
<br /> of, connected with, or resulting directly or indirectly from the business, construction,
<br /> maintenance, or operations of the Company or the Facility or any Company activities on or
<br /> about the Subject Property or the transactions contemplated by or relating to this Agreement,
<br /> including without limitation, the possession, condition, construction or use thereof, insofar as
<br /> such matters relate to events subject to the control of the Company and not the County. The
<br /> indemnification arising under this Section shall continue until the termination of this Agreement,
<br /> whether by expiration of the Term or by mutual agreement of the Parties to terminate this
<br /> Agreement. Provided, however, that the indemnification arising under this Section shall apply
<br /> after the termination of this Agreement if and to the extent that any such liability, obligation,
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