1996 NS Amendment to Facilities Services Agreement Community Activity Corporation

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Corporation: Orange County Cornmuaity Activity 8704 Mourning Dove Road Corp°ration Raleigh, North Carolina 27615 Attention: President ARTICLE XVI rVIL EEU.-ANEOUS Section 16.01. No Penonal Liability. No member of the County Board of Commissioners or „r or employee of the County and no member, director, officer, or employee or agent of the gvradon will have any personal liability for acts taken in accordance with this Agreement. Section 16.02. Amendment. This Agreement may not be modified or amended except by =stquent written Agreement authorized by the governing bodies of each parry and signed by authorized nptWentatives of both parties and any amendment to Articles III, IN or XIV or which is otherwise grerse to the Owners of the 1994A Bonds must be approved in writing by the Owners of a majority in principal amount*of the 1994A Bonds. Section 16.03. Entire Agreement. This instrument, including the Exhibits attached hereto, .Cr7ains the entire Agreement between the parties, and no statement, oral or written, made by either party or igmt of either party that is not contained in this written Agreement shall be valid or binding. Section 16.04. SeverabilLoy. If any of the provisions of this Agreement shall be held by a court ai=npetent jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not SE=or impair any of the remaining provisions of this Agreement, and the parties shall, to the extent &'deem to be appropriate, take such actions as are necessary to correct any such unconstitutional or V=forceable provision. It is hereby declared to be the intent of the parties to this Agreement that this Agreement would have been approved and executed had such an unconstitutional or unenforceable provision been excluded therefrom. Section 16.05. Cooperative Efforts. This Agreement shall be liberally construed in order to ;emote a harmonious relationship between the parties with regard to the management and operation of The Corporation accepts the relationship of trust and confidence established between the ' oa and the County by this Agreement. The Corporation covenants with the County to furnish �S.best skill and judgment and to fully and effectively cooperate with the County to accomplish the P.Poses and objectives of this Agreement. If a problem arises that this Agreement does not directly or - Y address, the Corporation and the County agree to work with one another to determine a uY satisf=ory solution. Section-16.06. Approvals. Notwithstanding anything herein which may be to the contrary, all bvais or consents required or permitted pursuant to this Agreement shall be in writing in order to be . erect valid and binding. Section 16 07. Successors and Assigns. This Agreement shall be binding upon the heirs, representatives, successors, and assigns of the parties hereto; provided, however, this provision *4'06t- be deemed to authorize the assignment or other transfer of this Agreement which may only be Rlished as expressly provided in this Agreement. 9