Agenda - 12-13-2022; 8-c - Proposed Eighteen-Month Extension of the State of North Carolina’s “Building Reuse Grant” Incentive for Industrial Connections & Solutions-ABB Inc.

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9 thereof(whether arising out of acts, omissions, or negligence of the Company or of any third party ((including, without limitation, the owner of the Property if Company is not the owner)), or of any of their agents, contractors,servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person,firm or corporation furnishing or supplying work,services, materials or supplies in connection with the Project. (b). Company further agrees to indemnify and hold the Indemnified Parties harmless from any and all liability County may incur as a grant administrator, notwithstanding the County may contract the grant administration to a third party entity (c). Should Company begin, engage in, or complete construction of the Project and Grant funds are not disbursed by the State Company agrees County is not at fault for such failure by the State to disburse funds and releases the Indemnified Parties from any and all liability, costs, and/or damages incurred by the Company related to the Project. 10. Company Representations and Warranties, The Company hereby represents and warrants that: (a). The execution and delivery of this Grant Agreement have been duly authorized by all necessary Company action and are not in contravention of law or in contravention of the provisions of any indenture agreement or undertaking to which the Company is a party or by which it is bound. (b). There is no action, suit proceeding, or investigation at law or in equity or before any court, public board or body pending, or to the knowledge of the Company,threatened against or affecting it that could or might adversely affect the Project or any of the transactions contemplated by this Grant Agreement or the validity or enforceability of this Grant Agreement or the abilities of the Company to discharge its obligations under this Grant Agreement. If it is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project,the Company shall be liable to County for repayment of the entire amount of the Grant and this Grant Agreement may be terminated by County effective upon notice, (c). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this Grant Agreement by the Company or the performance of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The Company shall provide County with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Grant Agreement. (d). The Company is solvent. (e). The Company is duly authorized to do business under North Carolina law and is not delinquent on any federal, state, or local taxes, licenses, or fees. IL Cessation/Termination, Bankruptcy, Dissolution or Insolvency.