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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i 22 I Plural Economic Development Grant Agreement,Private Owner � BUILDING REUSE PROGRAM—Revision#3 2020.029-3201-2587 i attorneys' fees, fines,penalties and civil judgments,resulting from or arising out of or in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with the Project;or resulting from any defect in the fixtures, machinery,equipment or other property used in connection with the Project or arising out of,pertaining to,or having any connection with, the Project or the financing thereof(whether arising out of acts, omissions, or negligence of the Governmental Unit or of any third party(including, without limitation,the Owner and the Business),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. 1 12. Governmental Unit Representations and Warranties. The Governmental Unit hereby represents and warrants that; (a). The execution and delivery of this Grant Agreement have been duly authorized by all necessary Governmental Unit action and are not in contravention of law or in j contravention of the provisions of any indenture agreement or undertaking to which the Governmental Unit 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 Governmental Unit, threatened against or affecting it, the Owner or the Business, 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 Governmental Unit or the Owner to discharge their 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 Governmental Unit shall be liable to Commerce for repayment of the entire amount of the Grant and this Grant Agreement may be terminated by Commerce 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 Governmental Unit or the performance of any of its obligations hereunder,or all such requisite governmental consents or approvals have been obtained. The Governmental Unit shall provide Commerce with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Grant Agreement. (d). The Governmental Unit is solvent. (e). A cash match grant, loan or other funding("Cash Match")equal to the amount of the Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent(5%)of this Cash Match,but no part of this 5%contribution can have derived,either directly or indirectly, from any other State or federal source, All Cash Match funds shall be utilized exclusively for the purpose of the Project,and there shall be no improper expenditures of Cash Match funds, All Cash Match funds shall be expended prior to or simultaneously with and at the same rate as the Owner's expenditure of Loan Grant Agreement-7