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Bev 23 iu; <br />7.11 This Agreenent constitutzs a legally enforceable contract and shall be governed and construed in <br />accordance N� itn the laws of the State of North Carolina. The parties agree and submit, solely for <br />matters concerning this Agreement. to the exclusive jut isdiction cattle courts of North Carolina <br />and agree, solely for such purpose, that the only venue for any legal proceedings shall be Wake <br />County, North Carolina. The place of this Agreement, and all transactions and agreements <br />relating to it, and their sites and forum, shall be Wake County, North Carolina, where all matters, <br />whether sounding in contract or tort, relating to its validity, construction, interpretation, and <br />enforcement, shall be determined. <br />1 12 The patties agree that the State of North Carolina Deparnnent of Commerce is a third party <br />beneficiary of this Agreement and may, at its option enforce the terns of this Agreement or <br />appear as a party in any litigation concerning it. <br />7.13 The Cunnpany shall comply with ull applicable federal, state, and local laws and regulations. If a <br />the Company fails to compl with any late or regulation applicable to it, the Secretary of DOC <br />may, in his sole discretion, terminate the g rant and declare that no future Crant disbursement shall <br />be due and payable andim require to reimburse DOC all or pan of any Grant funds previously <br />disbursed following the date of any such violation. <br />7.14 Failure of the Applicant or DOC at any time to require performance of any term or provision of <br />this Agreement shall in no manncy afct fe the rights of the Applicant or DOC at a later date to <br />enforce the same or to enforce any future compliance with or performance of any of the terms or <br />provisions hereof, No waiver of the Applicant or DOC of any condition or die breach of any tern, <br />provision or representation contained in this Agreement, whether by conduct or otherwise, in any <br />one or more instances, shall be deemed to be or construed as a further or continuing waiver o f IM <br />such condition or of the breach of that or any other tern, provision or representation. <br />7 15 The Company is encouraged to milize the services of North Carolina small businesses and <br />minority, female, and disabled contractors to offer positions in connection with the project to <br />North Carolina residents, and to use the North Carolina state ports when reasonable and <br />commercially practicable_ <br />7.Iti In addition to any rights and remedies provided to Applicant and DOC by law, DOC has the right, <br />without prior notice to Company, any such notice being expressly waived by Company to the <br />extent permitted by applicable law, upon the occurrence of any event herein which Would result in <br />the Company's obligation to repay sonic or all of Grant monies disbursed hereunder (includin <br />Without limitation Section 3, 4 and s hereot), to set -off and apply against . any amounts due <br />hereunder, any amount owing Goo DOC to Company. In particular, the DOC shall apply this <br />right of setof7to reduce any amounts for which the Company may be eligible under its CEDA, by <br />the amount of repayment due under this Agreemenl. <br />7 1 Phis Grant award shall termin and be null and void on Dec ember 15.. 2010, if b y that date <br />the Company has not delivered buck to the DOC two originals of this Aurceme ht duly <br />executed by an authorized officer of the Company, and attested in the manner provided <br />below. This Grant is also subject to the requirement that the Applica rt deliver to the DOC <br />ono original each of the LGGA Rod th A duly exe•r ted by un authorized official <br />of the Applicant within sixty (60) calendar days fnllowino the date on which Ilse DOC sends <br />these agreements to the Applicant <br />IN WITNESS WHEREOF, the Company, the Related Member, and the Applicant have executed <br />this Agreement, intended to be under seal, effecove as of the day and year first written above. <br />7- <br />Cotivpf lar lrx.; /.¢e C - ourlr <br />Owe tP'ri Ih ( al olma ) fiord aoraemenr (S 5-'016) <br />