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Agenda - 10-18-2016 - 5-b - Public Hearing Regarding an Economic Development Incentive for Wegmans Food Markets, Inc., and Interlocal Agreement Between Orange County & Chapel Hill
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Agenda - 10-18-2016 - 5-b - Public Hearing Regarding an Economic Development Incentive for Wegmans Food Markets, Inc., and Interlocal Agreement Between Orange County & Chapel Hill
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10/13/2016 4:36:55 PM
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10/13/2016 4:18:13 PM
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BOCC
Date
10/18/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
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2019-804 Economic Dev - Town of Chapel Hill interlocal agreement Wegmans
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2019
Minutes 10-18-2016
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\Board of County Commissioners\Minutes - Approved\2010's\2016
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13 <br /> C. NATURAL: In any event, the above terms notwithstanding, this Agreement shall <br /> terminate upon the 31st day of December of the year in which the final financial inducement <br /> installment is made. <br /> 12. 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 OR TAXING POWER OF <br /> THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT <br /> LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR <br /> INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A <br /> DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE <br /> MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT <br /> DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO <br /> MAKE ANY PAYMENTS BEYOND THOSE SET FORTH IN THIS AGREEMENT FOR <br /> ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO <br /> PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO <br /> CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS,NOR <br /> SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT <br /> PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF <br /> ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT <br /> BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, <br /> THIS ARTICLE SHALL TAKE PRIORITY. <br /> 13. LIABILITY OF PUBLIC OFFICERS <br /> No officer, agent, or employee of the County or the Company shall be subject to any <br /> personal liability or accountability by reason of the execution of this Agreement or any other <br /> documents related to the transactions contemplated hereby. Such officers, agents, or <br /> employees shall be deemed to execute such documents in their official capacities only, and <br /> not in their individual capacities. This Article shall not relieve any such officer, agent or <br /> employee from the performance of any official duty provided by law. <br /> 14. MISCELLANEOUS <br /> A. ENTIRE AGREEMENT: This Agreement, including all exhibits attached, constitutes the <br /> entire contract between the parties, and this Agreement shall not be amended except in <br /> writing signed by the Parties. <br /> B. BINDING EFFECT and SEVERABILITY: Subject to the specific provisions herein, <br /> this Agreement shall be binding upon and inure to the benefit of and be enforceable by the <br /> Parties and their respective successors and assigns. If any term of this Agreement is to any <br /> extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded <br /> to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full <br /> force and effect; and, to the extent permitted and possible, the invalid or unenforceable term <br /> shall be deemed replaced by a term that is valid and enforceable and that comes closest to <br /> expressing the intention of such invalid or unenforceable term. <br /> Page 8 of 14 <br />
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