STATE OF GEORGIA  This Memorandum of Agreement (hereinafter referred to as "MOA" or "Agreement") with respect to the Northern Sewer Trunk Line project (hereinafter called "NTSL" or Project") is entered into by and between the CITY OF LAVONIA, a municipal corporation chartered under the laws of the State of Georgia, as party of the first part (hereinafter called "City") and HART COUNTY, GA a political subdivision of the State of  Georgia, as party of the second part (hereinafter called "County");  WITNESSETH:  WHEREAS, the City and Hart County are jointly applying for a grant in the amount of$694,864.50 from the United States Economic Development Administration (hereinafter called "EDA") for financial assistance needed to engineer, design, acquire and construct the  NTSL;  WHEREAS, the City and County intend to jointly apply for a Community Development Block Grant Employment Incentive Program (hereinafter called "EIP") grant in the amount of $500,000.00 from the Georgia Department of Community Affairs (hereinafter called "DCA") for financial assistance needed to engineer, design, acquire and  construct the NTSL;  WHEREAS, the City and County recognize that if both grants are not obtained in the fully-requested amounts that proceeding with the NTSL may not be financially feasible  for the County;  WHEREAS, the County will commit to $694,864.50 in local matching funds for the EDA grant ifit is approved in the requested amount, it being understood and agreed that the anticipated EIP grant of $500,000.00 will be applied as a part of the $694,864.50 in local  matching funds;  WHEREAS, the County will commit to $209,864.50 in local matching funds for the WHEREAS, the City and County understand and agree that the entirety of the EIP grant will be exclusively applied toward the matching funds required by the terms of the  EIP grant ifit is subsequently approved in the requested amount or $500,000.00;  EDA;    NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is hereby  acknowledged, the parties agree as follows:  1.  WITHDRAWALOF COUNTY COMMITMENT Should either or both grants not be awarded in the fully-requested amounts, and/or the total estimated project cost at any time exceed $1,450,000.00, the County has the right to withdraw at any time its commitment to provide the matching funds upon written notice to the City, and the City shall formally withdraw its grant application requests and/or notify EDA and/or DCA as appropriate. that it will not accept the grant(s). Should the project be terminated for this reason, the County shall have no further obligation financial or otherwise, but shall not be  entitled to recoupment of project funds previously spent.  2.  FAILURE TO PERFORM. No failure or delay in performance of this contract by either party shall be deemed a breach hereof when such failure or delay is occasioned by or due to any act of God, strikes, lockouts, wars, riots, epidemics, explosions, sabotage,  breakage, or accident toi machinery or lines of pipe.  3.  EFFECTIVE DATE/DURATION. This agreement is effective upon execution by both parties. and will remain in effect until completion of the NTSL Project, or until the referenced grants are not obtained or are otherwise made conditionally, or obtained in  amounts less than the amounts applied for.  4. 5.  AUTHORITY FOR AGREEMENT This agreement is entered into pursuant to the provision of Article IX, Section III, Paragraph 1 oft the Constitution of the State of Georgia. JURISDICTION. Iti is agreed and understood that this agreement is being executed in duplicate originals. The City ofl Lavonia is executing the agreement in Franklin County, Georgia and the Authority is executing the agreement in Hart County, Georgia. In the event of any dispute àrising out of this contract which results in litigation, the Superior Court of Hart County shall have jurisdiction ini the event that the City is a plaintiff and the Authority is a defendant in such litigation, provided, however, that the Superior Court of Franklin County shall have jurisdiction in the event that the Authority is a plaintiff and the City is a  defendant in any such litigation.  -2-    6.  ARBITRATION. The parties recognize that the Northern Judicial Circuit has mandated an arbitration/mediation program for civil disputes. In the event of any dispute which might arise out of or in connection with this contract, either party may submit said dispute to mediation or arbitration for resolution as provided by Georgia Law.  IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in duplicate  originals, each of which shall constitute an original.  Executed by the City this 384 day of Maarola201s.  CITY OFI LAVONIA  By: Tiyé d tugy Atle!  Signed, sealed and delivered in the RY  presence of:    -  ho0.  GANDRA  NOTARY PUBLIC  My Commission expires: SuphIR  0  18, COUNT  -3-    Executed by the County this a4th day of Feboruary  2015.  HART COUNTY,GA  By:  Çyairman  "ky  Attest: Title:  gounty Clerk Deput'y  Signed, sealed and delivered in the  A  presence of:  NOTARY My commission  55  NorSewTrkLineMOADraf022315  -4-