Orange County NC Website
(a) The County is a public body politic duly created and existing under the <br />laws of the State of North Carolina as a political subdivision of the State of North <br />Carolina, and has all powers necessary to enter into the transactions contemplated by this <br />Contract and to carry out its obligations hereunder; <br />(b) This Contract and all. other documents relating hereto, have been duly and <br />validly authorized, approved, executed and delivered by the County and the <br />performance by the County of its obligations under such documents has been approved <br />and authorized under all laws, regulations and procedures applicable to the County , <br />including, but not limited to, compliance with all applicable public meeting and bidding <br />requirements, and the transactions contemplated by this Contract and all other documents <br />relating hereto constitute a public purpose for which public funds may be expended <br />pursuant to the Constitution and laws of the State of North Carolina, and, assuming due <br />authorization, execution and delivery hereof by the Bank, constitute valid, legal and <br />binding obligations of the County ,enforceable in accordance with their respective terms, <br />except as enforcement thereof may be limited by general principles of equity or by <br />bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights <br />generally and as those other laws may be further limited by the provisions of Section <br />160A-20 of the General Statutes of North Carolina, as amended; <br />(c) No approval or consent is required from any governmental authority with <br />respect to the entering into or performance by the County of this Contract and the <br />transactions contemplated hereby, or, if any such approval is required, it has been duly <br />obtained, [including any applicable approval of the LGC as evidenced by the Secretary's <br />certificate hereon]; <br />(d) There is no action, suit, proceeding or investigation at law or in equity <br />before or by any court, public board or body pending or, to the best of the County 's <br />knowledge, threatened, against or affecting the County challenging the validity or <br />enforceability of this Contract or any other documents relating hereto, or the performance <br />of the County 's obligations hereunder, and compliance with the provisions hereof, under <br />the circumstances contemplated hereby, does not and will not in any material respect <br />conflict with, constitute on the part of the County a breach of or default under, or result <br />in the creation of a lien or other encumbrance on any property of the County (except as <br />contemplated herein) pursuant to any agreement or other instrument to which the County <br />is a party, or any existing law, regulation, court order or consent decree to which the <br />County is subject; <br />(e) There are no liens or encumbrances on the Equipment other than the lien <br />created by this Contract; <br />(f) A certified copy of minutes of the action by the Board of Commissioners <br />of the County authorizing the County to perform this Contract and the transactions <br />contemplated hereby. This action is in full force and effect, and has not been in any <br />respect amended, modified, revoked or rescinded; <br />9 <br />