Orange County NC Website
deemed to be an Installment Payment and such Installment Payments <br /> shall be sufficient in the aggregate to repay the Financing <br /> Proceeds together with interest thereon. <br /> 3 .2 Place of Payments. All payments required to be made to <br /> the Lender hereunder shall be made at the Lender's principal office <br /> or as may be otherwise directed by the Lender or its assignee. <br /> 3 .3 Late Charges. Should the County fail to pay any <br /> Installment Payment or any other sum required to be paid to the <br /> Lender within fifteen (15) days after the due date thereof, the <br /> County shall pay a late charge equal to four percent (4k) of the <br /> delinquent Installment Payment. <br /> 3.4 Appropriations. (a) The Budget Officer shall include <br /> in the initial proposal for each of the County' s annual budgets the <br /> amount of all Installment Payments coming due during the fiscal <br /> year to which such budget applies. Notwithstanding that the Budget <br /> Officer includes such an appropriation for payments required under <br /> this Contract, the County Commission may determine not to include <br /> such an appropriation in the County's final budget for such fiscal <br /> year. <br /> (b) The Budget Officer shall deliver to Lender, within <br /> fifteen (15) days after the beginning of each of the County's <br /> fiscal years, a certificate stating whether an amount equal to the <br /> Installment Payments and any additional payments required hereunder <br /> for the fiscal year has been appropriated by the County in such <br /> budget for such purposes. <br /> (c) The actions required of the County and its officers <br /> pursuant to this Section shall be deemed and construed to be in <br /> fulfillment of ministerial duties, and it shall be the duty of each <br /> and every County official to take such action and do such things as <br /> are required by law in the performance of the official duty of such <br /> officials to enable the County to carry out and perform the actions <br /> required pursuant to this Section and the remainder of this <br /> Contract to be carried out and performed by the County. <br /> (d) The County reasonably believes that it can obtain funds <br /> sufficient to pay all payments required under this Contract when <br /> due. <br /> 3 .5 Abatement of Installment Payments. There will be no <br /> abatement or reduction of the Installment Payments by the County <br /> for any reason, including, but not limited to, any defense, <br /> recoupment, setoff, counterclaim, or any claim (real or imaginary) <br /> arising out of or related to any defects, damages, malfunctions, <br /> breakdowns or infirmities of or to the Project. The County assumes <br /> and shall bear the entire risk of loss and damage to the Project <br /> from any cause whatsoever, it being the intention of the parties <br /> 5 <br />