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Agenda - 02-18-1999 - Attachment 5
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Agenda - 02-18-1999 - Attachment 5
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8/7/2015 11:07:12 AM
Creation date
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BOCC
Date
2/18/1999
Meeting Type
Work Session
Document Type
Agenda
Agenda Item
Attachment 5
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Minutes - 19990218
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\Board of County Commissioners\Minutes - Approved\1990's\1999
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25 <br />(e) Whenever in this Agreement the giving of notice is required, the giving of such <br />notice may be waived in writing by the Party entitled to receive such notice, and in any such case <br />the giving or receipt of such notice shall not be a condition precedent to the validity of any action <br />taken in reliance upon such waiver. <br />9.04. Further Ins&umen ti. Upon any Party's request, the Parties shalt execute, <br />acknowledge and deliver such further instruments as may be reasonably desired by any Parry to <br />carry out more effectively the purposes and intents of this Agreement. <br />9.05. Limitation of R'gh Nothing expressed or implied in this Agreement <br />shall give any person other than the Patties any rights to enforce any provision of this <br />AgreemenL There are no intended third -party beneficiaries of this Agreement <br />9.06. Non- Business Days. When any action is provided in this Agreement to be done <br />on a designated day or within a designated time period, and the designated day or the last day of <br />the designated period is not a Business Day, the action may be done on the next Business Day, <br />with the same effect as if done on the designated day. <br />9.07. Survival of Covenants and Represestaden All covenants, <br />representations and warranties made by the Parties in this Agreement shall survive the delivery <br />of this Agreement. <br />9.08. S,everabft. If any provision of this Agreement shall be held- invalid or <br />unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other.provision of this Agreement; provided, however, that upon the election <br />of any.Party, this Agreement shall immediately become void and of no further effect upon such <br />election (except that the provisions of Section 4-94 2M and Section 7.02(c) shall continue in <br />effect, unless either such*Section is among the Sections held unenforceable) if any provisions of <br />Section 2.02, &-e6e '.^;, Section 2.04, Section 4-4-� 2.05, Section 5.10 or Article VII are <br />among those held unenforceable. <br />9.09. Governing :Law. The parties intend that this Agreement and all rights and <br />obligations provided for in this Agreement, including matters of construction, validity and <br />performance, shall be governed by North Carolina law. <br />9.10. Entire Contract This' Agreement, including the Exhibits, constitutes the <br />entire agreement between the Parties with respect to its subject matter. <br />9.11. Coanternaarrt_. This Agreement may be signed in several counterparts, <br />including separate counterparts. Each shall be an original, but all of them together constitute the <br />same instrument. <br />J1 - 9 <br />
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