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8 <br />minimum levels of performance commitments for either Full Time Equivalent Employees or Direct <br />Investment as reflected in Section 1 above. <br />C. NATURAL: In any event, the above terms notwithstanding, this Agreement shall terminate <br />upon the 31St day of January of the year in which the final fmancial inducement installment is <br />made. <br />11. LIMITATION OF COUNTY'S OBLIGATION <br />NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED <br />AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN <br />THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF <br />THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING <br />GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT <br />OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS <br />AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY <br />OBLIGATE THE CO-LINTY TO MAKE, ANY PAYMENTS BEYOND THOSE <br />APPROPRIATED IN THE COUNTY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN <br />WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF <br />THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN <br />ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, NOR SHALL ANY <br />PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY <br />LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE <br />COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS <br />ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE <br />SHALL TAKE PRIORITY. <br />12. LIABILITY OF PUBLIC OFFICERS <br />No officer, agent or employee of the County or the Company shall be subject to any personal <br />liability or accountability by reason of the execution of this Agreement or any other documents <br />related to the transactions contemplated hereby. Such officers, agents, or employees shall be <br />deemed to execute such documents in their official capacities only, and not in their individual <br />capacities. This Section shall not relieve any such officer, agent or employee from the <br />performance of any official duty provided by law. <br />13. MISCELLANEOUS <br />A. ENTIRE AGREEMENT: Amendments. This Agreement, including Exhibit A attached, <br />which is incorporated herein and made a part hereof, constitutes the entire contract between the <br />parties, and this Agreement shall not be changed except in writing signed by the Parties. <br />B. BINDING EFFECT: Subject to the specific provisions of this Agreement, this Agreement <br />shall be binding upon and inure to the benefit of and be enforceable by the Parties and their <br />respective successors and assigns. <br />C. TIME: Time is of the essence in this Agreement and each and all of its provisions. <br />Page 5 of 7 <br />