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this Agreement shall terminate automatically without tault or further obliga on
<br /> , ti to CQUnty.
<br /> Company giall remain free to negotiate a now incentive agreen-icait with County based on new
<br /> terms and tinielines-
<br /> .C. INVESTWNT AND EMMOYMENTPACKAGE: If the Company does not meet and
<br /> maintain either the investment or employment goals within the annual firrietable set Nth in is
<br /> Agreement,and does not opt to delay the onset of this Agreement as described above,thtn the
<br /> county will reduce the annual ins W- 1ment payment as set-forth in Section 2D of this Agreement
<br /> until such fime as the Company once again incets both the investment and amployment goals.
<br /> Reduction shall be computed based on the percentage of the goal not met. In(Yrdox to quo"if
<br /> �. y for
<br /> thefoll reimbuisement,including reoovery of any prior reductions,both investment and
<br /> emp-h,)yrnc,n-t must tricot or exceed fixe minimum standards outlined above prior to the nebaO
<br /> tonwnation of this Agreement.
<br /> 7. SENTIRAM-IfIry
<br /> If any term or provision of this Agreenitmt is held to be illegal,invalid,or unenforeeabl�a,the.
<br /> legality- val.idity,oreaL,--;,-ability o f the,remaining terms, or pro-ci-s i ons of this Agreorn e P,IV-s P.a fl,
<br /> not be aft;zf-td thereby;m,,.,d in lieu of such illegal, invalid or uneriforceable term or pmvisicrn,
<br /> there exiall be added by mutually agreed upon written amendment to this Agreement,alegul,
<br /> valid,or vnforxable term or provision,as sizn:dax as possible to the term or proviision�Re.clarcxd
<br /> illegal, jrnral I J,cr unenforceable.
<br /> "N 11`0 'LOCAL Go"VE"N"', �Ip N'T W
<br /> S, IMPI-11UNCE WF1UE'Tff1E 141 J'J)GF,f AMit; CAL COXYROL
<br /> AC-T OF XUkRTH Q4kR'0J[XN---i GEN'ER A),YKATV?',"'!"'S
<br /> All appropriations ane, pursuant to this Agm�nient shall be subject to ffie provisions
<br /> of the Local Government Pudga and Fiscal Control Act of the North Carolina General St.situN-'s
<br /> for cities and counties and shall be listed in the annual report submitted to the Local Grovermient
<br /> Coinmiss-ion by 6-1 County.
<br /> RMOU"PION' YC,�RVM
<br /> GOVE
<br /> This Agreement shall be and constmed by the Laws of the.State of North Carolina.
<br /> Any action brought to enfi)me;or contest any term or provision of rhls A,,;oo,T
<br /> mtrit shall be
<br /> brought
<br /> C-
<br /> brought in the North Carolina General Court of Justice sitting 'go County,'Noith
<br /> Carolina. The Parties hereto stipulate to the jurisdiction of said court, It is agreed by ffi,,,
<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 eldier natty,however,
<br /> the parties may agree to tionbinding mediation of any dispute prior to the bringing of a claim,
<br /> complaint, suit or action.
<br /> 0, INDEMNNTICATION
<br /> The Company hereby agrees to indemnify, protect wid save the County and its officors,
<br /> dim-ctor3, and e.m.ployces harmless Rom all liability,obligations, losses, claim,", damages,
<br /> actions,suits,proceedings,costs and expemes, including reasonable attomeysfees,arising
<br /> out of, connected with, or resulting directly or indirectly from the business, construction,
<br /> maintenance, or operations of the Company or the Facility or the transactions contemplated
<br /> Page 7 of`20
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