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® afr► 2- 4 =�1, 6'8 • <br />the Company or Guarantor, the Local Government shall promptly pay to DOC the Grant amounts which it <br />is able to collect. <br />III. GENERAL PROVISIONS <br />(a) The parties to this LGGA agree and understand that the payment of all sums specified in this <br />LGGA is dependent and contingent upon and subject to the appropriation, allocation, and availability of <br />funds to DOC for this purpose. <br />(b) Failure of DOC at any time to require performance of any term or provision of this LGGA shall in <br />no manner affect the rights of DOC at a later date to enforce the same or to enforce any future compliance <br />with or performance of any of the terms or provisions hereof. No waiver of DOC of any condition or the <br />breach of any term, provision or representation contained in this LGGA, whether by conduct or otherwise, <br />in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any <br />such condition or of the breach of that or any other term, provision or representation. <br />(c) The recitals are an integral part of this LGGA. <br />(d) This LGGA constitutes a legally enforceable contract and shall be governed and construed in <br />accordance with the laws of the State of North Carolina. The parties agree and submit, solely for matters <br />concerning this LGGA, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for <br />such purpose, that the only venue for any legal proceedings shall be Wake County, North Carolina. The <br />place of this LGGA, and all transactions and agreements relating to it, and their situs and forum, shall be <br />Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its <br />validity, construction, interpretation, and enforcement, shall be determined. <br />(e) This Grant award shall terminate and be null and void on January 31, 2011, . if by that date <br />the Local Government has not delivered back to the DOC, an original of this LGGA and of the CPA, <br />dulv executed by an authorized official of the Local Government, and attested in the manner <br />provided below, together with a copy of the Local Incentive Agreement. <br />Upon execution of this LGGA by DOC and the Local Government in the spaces below, the Local <br />Government hereby accepts the Grant on the terms of this LGGA, effective on the date indicated above, <br />and further certifies that the official signing below has been duly authorized by the Local Government's <br />governing body to execute this LGGA. <br />North Carolina Department of Commerce <br />Date: /2, -` (( <br />LE <br />Z5�p � <br />Dale B. Carroll, N.C. Deputy Secretary of Commerce <br />Local Government Grant Agreement <br />Signature page follows <br />