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or pay the Excluded Liabilities in the event the funds set aside for <br /> this purpose are exhausted; and <br /> WHEREAS, Orange County will provide a financial report to each <br /> of the county managers of Orange, Person and Chatham counties no later <br /> than July 31" each year which will include at a minimum the beginning <br /> balance of the fund, charges to the fund and the ending balance of the <br /> fund; and <br /> WHEREAS, in the event funds remain after all Excluded Liabilities <br /> are paid, the excess funds shall remain with Orange County for its use <br /> and purposes but in the event the funds are exhausted prior to the <br /> time all Excluded Liabilities are paid, the obligations of orange <br /> County under this agreement shall end. <br /> NOW, THEREFORE BE IT RESOLVED that each of the counties named <br /> below evidenced by the signature of the Chairman of the Board of <br /> Commissioners hereby agrees to the recitals above regarding the <br /> provision of the services under this agreement. <br /> BE IT FURTHER RESOLVED, that no individual liability shall accrue <br /> to Orange County based on its acts or any failure to act in the <br /> performance of its responsibilities pursuant to this Memorandum of <br /> Agreement and that in the event any group, individual, entity, or <br /> qualified former OPC employee brings any suit, complaint, claim, or <br /> legal action regarding orange County's acts or failures to act in the <br /> performance of its responsibilities, such suit, complaint, claim or <br /> legal action shall be defended jointly by each party to this <br /> Memorandum of Agreement. <br /> ORANGE COUNTY DATE /0 <br /> CHAIR CLERK TO'THR BOARD <br /> This instrument has been pre-audited in the manner required by <br /> the local government Budget and Fiscal Control Act. <br /> 41-1 A, A"c� (SEAL) <br /> Finance Officer for Orange County <br />