Agenda Package - 01-31-11 - Laserfiche WebLink

Home Browse Search

614 • Agreement. the Applicant or the Secretary of DOC may in its or his discretion declare this A_reemeni to be in default, withhold payments for or under this Agreement or the LGGA- and'or require reimbursement of all or any portion of Grant tirnds previously paid_ Prior to taking arch action, the Applicant or the Sccretacy of DOC ,lill cndcavur to communicate with the Company to discuss the circumstances and the actions being contemplated. I o the extent any infonna[ion or documents ga[hercd b} or provided to the Applicant or the DOC would be regarded as confidential or not subject to disclosure under federal law or the:Nrurth Carolina General SmWC2S (to include. without limitation, N.C. Gen. Star. $$ 132 -1 el seq.. commonly referred to as the - Public Records Act'), the Company shall clearly identify and mark them as such and that information, will. to the extent allowed by law be treated as confidenuel and not subject to disclosure by the Applicant and DOC and their authorized representatives. 1 - he Company has read and understands North Carolina's laws regarding the treatment of public records and confidential information, and their application to economic development projects, including without limitation, those provisions set ionh in Exhibit A. '.i Not•vithstanding anything herein to the cunnim, the parties hereto acknowledge the due eNeanion of[he LGGA and agree that any conflict between the provisions, requirements. dunes, or obligations of this Agreement and the LGGA shall be resolved in favor of the LGGA_ The parties Iltrther agree that any conflict between the provisions, requirements, duties, or obligations of this Auucuno t and auv prom. a docwncutetiuu for tbis Gimit other than the LGGA shall be resolved in favor of this Agreement. s..6 The Company acknowledges that none of the North Carolina operations owned by the Cornpanm or a related entire• or affiliate shall be curtailed as a result of the Grant. • The Comp;my shall perform and abide by all commitments identified in the Application. l'he Company affirm the commitments made in the Application, and the commitments contained therein are incorporated herein by reference. as if let out in frill. The panics agree Ills[ any conflict between the provisions uftltiS Agreement and auv commitments made in the Applicution shall be resolved in favor of this r \greement_ '.S I he representations made in the Application or as pan of the application process ,Ire incorporated herein by reference and deemed by the parties to be material to this Agreement The parties agree Thal any conflict between anc representnllons conmined in this Agreement and those representations contained in the Application or made as pan of the application process shall be resolved in favor of (his Agreement. M If the Company has an overdue tax debt utvin; to the Slate of North Cawhinu, its defined in N.C. Gen. Scot. � 105 -243. I, no payments will be made under this Agreement or the LGGA until that tax debt has been satisfied_ If an oaertluc t.0 debt ones unsatisfied by the Compam for more than one %car, [his A- reemenl mac be declared in default and terminated at the direction of DOC. - 1.10 The Applicant `s oblq;ation to make disbursements to the Company under thiS A. neemem is contingent upon the Applicant's receipt under the LGGA of the necessary disbursements from DOC. tthlclt ore, its turn, c Out iu gel t un appnrpr taboo, allotu(MIL an if dct i labs. ht} of lauds fur dw Grant to DOC. 6 lcnr p,ri9ur br -,Lee tLnmr One'torrll r molma Iwi,i .ICreeerer.? iS -i 'icily