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Agenda - 08-07-1997 - 3
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Agenda - 08-07-1997 - 3
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8/6/2013 4:53:01 PM
Creation date
8/6/2013 4:52:46 PM
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BOCC
Date
8/7/1997
Meeting Type
Work Session
Document Type
Agenda
Agenda Item
3
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Minutes - 19970807
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\Board of County Commissioners\Minutes - Approved\1990's\1997
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are at least two Parties to the Agreement, in each case subject to the provisions of Section <br /> 1.02. <br /> 7.02. Withdrawal of a Party. (a) Any Party may withdraw from this <br /> Agreement (and thereby cease to be a Party to this Agreement) upon notice given to all <br /> the other Parties and subject to the other provisions of this Section. <br /> (b) A withdrawal may be effective only upon the beginning of a Fiscal Year. <br /> A Town may withdraw only with at least one year's notice. The County may withdraw <br /> only with at least two years'notice. <br /> (c) No withdrawal shall relieve a Party of its obligations under Section 2.04 so <br /> long as there is System Debt Outstanding; provided, however, that System Debt first <br /> issued or contracted after the date a Party gives notice of withdrawal shall be disregarded <br /> for the purposes of this subsection. <br /> (d) No withdrawal shall relieve any Parry of its individual liability, if any, <br /> under environmental laws or otherwise, related to its respective use or ownership of the <br /> Solid Waste System which may accrue or which has accrued prior to the effective date of <br /> such Party's withdrawal. <br /> ARTICLE VIII <br /> Parties' Representations and Warranties <br /> The Parties hereby represent and warrant, one to each other, but each only as to <br /> itself, as follows: <br /> (a) Valid Existence: Due Authorization, The Party is a public body <br /> validly organized and= existing under State law, has full power to enter into this <br /> Agreement and has duly authorized, executed and delivered this Agreement. <br /> (b) Valid Obligation. This Agreement, when executed and delivered by <br /> the Party and assuming its due authorization, execution and delivery by each other Party, <br /> will be the legal, valid and binding obligation of the Party, enforceable in accordance <br /> with its terms, except to the extent the same may be limited by the application of <br /> insolvency and similar general laws and by the application of equitable principles. <br /> (c) No Breach of Law or Contract. Neither the execution and delivery of <br /> this Agreement nor the consummation of the transactions contemplated hereby, nor the <br /> fulfillment of or compliance with the terms and conditions of this Agreement, (i) to the <br /> best of the Party's knowledge, constitutes a violation of any provision of law, rule or <br /> regulation governing the Party, or (ii) results in a breach of the terms, conditions or <br /> 14 <br />
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