Orange County NC Website
30 <br /> contemplated by this Contract and to carry out its obligations <br /> hereunder; <br /> (b) This Contract and all other documents relating <br /> hereto and the performance of the County' s obligations <br /> hereunder and thereunder have been duly and validly <br /> authorized, executed and delivered by the County and approved <br /> under all laws, regulations and procedures applicable to the <br /> County, including, but not limited to, compliance with public <br /> bidding requirements, and, assuming due authorization, <br /> execution and delivery thereof by the other' parties thereto, <br /> constitute valid, legal and binding obligations of the County, <br /> enforceable in accordance with their respective terms, subject <br /> to bankruptcy, insolvency and other laws affecting the <br /> enforcement of creditors' rights generally and such principles <br /> of equity as a court having jurisdiction may impose; <br /> (c) No approval or consent is required from any <br /> governmental authority with respect to the entering into or <br /> performance by the County of this Contract, other than the <br /> approval of the Local Government Commission, and the <br /> transactions contemplated hereby or if any such approval is <br /> required it has been duly obtained; <br /> (d) There is no action, suit, proceeding or <br /> investigation at law or in equity before or by any court, <br /> public board or body pending or, to the best of the County's <br /> knowledge, threatened, against or affecting the County <br /> challenging the validity or enforceability of this Contract <br /> and all other documents relating hereto and the performance of <br /> the County' s obligations hereunder and thereunder, and <br /> compliance with the provisions hereof, under the circumstances <br /> contemplated hereby, does not and will not, in any material <br /> respect conflict with, constitute on the part of the County a <br /> breach of or default under, or result in the creation of a <br /> lien on any property of the County (except as contemplated <br /> herein) , pursuant to any agreement or other instrument to <br /> which the County is a party, or any existing law, regulation, <br /> court order or consent decree to which the County is subject; <br /> (e) The obligation created by this Contract is not a <br /> "private activity bond" as defined in Section 141 of the Code; <br /> (f) The resolutions relating to the performance by the <br /> County of this Contract and the transactions contemplated <br /> hereby, substantially in the form of Exhibit D attached <br /> hereto, have been duly adopted, are in full force and effect, <br /> and have not been in any respect modified, revoked or <br /> rescinded. <br /> 9 <br />