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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 /> ilar as possible to the term or provision declared
<br /> valid, or enforceable term or provision, as sim
<br /> illegal , invalid, or unenforceable .
<br /> 8 . COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL
<br /> ACT OF NORTH CAROLINA GENERAL STATUTES j
<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 . j
<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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