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Agenda Package - 03-21-11
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Agenda Package - 03-21-11
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6/20/2011 2:24:22 PM
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033 <br />c. Costs and Expenses. Frontier shall pay to Lee County on demand all costs and <br />• expenses, including legal expenses and reasonable attorney's fees, incurred or paid <br />by Lee County on account of a Default by Frontier hereunder. <br />d. Other Remedies. The right to exercise any other remedy as provided at law for <br />breach of contract or in equity. <br />7. Notices <br />a. Unless otherwise provided herein, all notices and other communications which may <br />be or are required to be given or made by any party to the other in connection <br />herewith shall be in writing and shall be deemed to have been properly given and <br />received on the date delivered in person or deposited in the United States mail, <br />registered or certified, return receipt requested, to the addresses set out below, <br />unless such address is changed by written notice to the other party: <br />i. If to Frontier: Frontier Spinning Mills, Inc. <br />1823 Boone Trail Road <br />Sanford, NC 27330 <br />Attention: Chief Financial Officer <br />If to Lee County: Lee County <br />106 Hillcrest Street <br />Sanford, NC 27330 <br />• Attention: John Crumpton <br />8. Representations and Warranties of Frontier: <br />a. It is organized and existing under the laws of the State of North Carolina. <br />b. The execution and delivery of this Agreement have been duly authorized by all <br />necessary action, and are not in contravention of law nor in contravention of any <br />certificate of authority, bylaws, or other applicable organizational documents of <br />Frontier, nor the provisions of any indenture, agreement, or undertaking to which it <br />is a party or by which it is bound. <br />c. There is no action, suit, proceeding, or investigation at law or in equity for any court, <br />public board, or body pending, or to Frontier's knowledge, threatened against or <br />affecting it, that could or might adversely affect the retention of the jobs, the <br />purchase of NC Cotton, or any of the transactions contemplated by this Agreement, <br />or the validity or enforceability of this Agreement or Frontier's ability to discharge <br />its obligations under this Agreement. <br />d. No consent or approval is necessary from any governmental authority as a condition <br />to the execution and delivery of this Agreement by Frontier or the performance of <br />any of its obligations hereunder, or all such requisite governmental consents or <br />approvals have been obtained. Frontier shall provide Lee County or the Foundation <br />with evidence of the existence of any such necessary consents or approvals at the <br />• time of the execution of this Agreement. <br />
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