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2011 - 01-31-2011 Reg. Adj. Meeting
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2011 - 01-31-2011 Reg. Adj. Meeting
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2/15/2011 8:33:54 AM
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2/15/2011 8:31:54 AM
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Admin-Clerk
Committee
Board of Commissioners
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©CV 23 PAL.. <br />Agreement. the Applicant or the Secretary of DOC may in its or his discretion declare this <br />Agreement to be in default, withhold payments for or under this Agreement or the LGGA, andlor <br />require reimbursement of all or any portion of Grant funds previously paid. <br />Prior to taking such action, the Applicant or the Secretary of DOC will endeavor to comnumicate <br />with the Company to discuss the circumstances and the actions being contemplated. <br />?A To the e.ctcnt anv information or documents gathered by or provided to the Applicant or the DOC <br />would be re.arded as confidential or not subject to disclosure under federal imt or the North <br />Carolina General Statutes No include. without limitation, N.C. Gen. Stat. §§ 132 -1 etseq.. <br />commonly referred m as the `Public Records Act"). the Company shall clearly identify and mark <br />them as such and that information will, to the extent allowed by law, be treated as confidential and <br />not subject to disclosure by the Applicant and DOC and their authorized representatives. <br />The Company has read and understands North Carolina's laws regarding the treatment of public <br />records and confidential information, and their application to economic development projects, <br />including without limitation, those provisions set forth in Exhibit A. <br />T3 Notwithstanding anything herein to the contrary, the parties hereto acknowledge the due execution <br />of the LGGA and agree that any conflict between the provisions, requirements, duties, or <br />obligations of this Agreement and the LGGA shall be resolved in favor of the LGGA. The parties <br />further agree that any conflict between the provisions, requirements, duties, or obligations of this <br />Agiecman and any poaratn documentation for this Grant other than the LGGA shall be resolved <br />in favor of this Agreement- <br />!.6 The Company acknowledges that none of the "North Carolina operations owned by the Connpanv <br />or a related entity or affiliate shall be curtailed as a result of the Grant. <br />7.7 The Company shall perform and abide by all commitments identified in the Application. "f he <br />Company affirm the commitments made in the Application, and the commitments contained <br />therein are incorporated herein by reference. as if set out in full. 'I parties agree that any <br />conflict between the provisions of this Agr'centent and any conunitmcuts made in the Application <br />shall be resolved in favor of this Agreement. <br />7.S 1 he representations made in the Application or as par of the application process are incorporated <br />herein by reference and deemed by the parries to be material to this Agreement. The panics agree <br />that any conflict between any representations contained in this Agreement and those <br />representations contained in the Application or matte as part of the application process shall be <br />resolved in favor of this Agreement. <br />7.9 If the Cumpany has an overdue tax debt owing to the State of North Caruliuu, as dcfrucd in N_C. <br />Gen. Stat. § 105 - 243.1, no payments will be made under this Agreement or the LGGA until chat <br />tax debt has been satisfied- <br />If an overdue tax debt goes unsatisfied by the Company for mole than one year, this Agreement <br />may be declared in defauh and terminated at the direction of DOC, <br />?, 10 The Applicant's obligation to make disbursements to the Company wider this Agreement is <br />contingent upon the Applicant's receipt under the LGGA of the necessary disbursements from <br />DOC. which are, in urn, coutingcut ui ipprofu lariou, alfucanuii and avai labilh, of funds for ill, <br />Grant to DOC, <br />6 -- <br />Cnrerpillar Ant C omv. <br />Orr Nnrttr (1 Fcurd,Igreeurerrr /$. _. -- I 07 <br />
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