Orange County NC Website
After the giving of notice described above to the County, the <br /> County shall thereafter make all payments in accordance with the <br /> notice to the assignee named therein and shall, if so requested, <br /> acknowledge such assignment in writing but such acknowledgement <br /> shall in no way be deemed necessary to make the assignment <br /> effective. <br /> SECTION 12 . LIMITED OBLIGATION OF THE COUNTY. <br /> NO PROVISION OF THIS CONTRACT SHALL BE CONSTRUED OR <br /> INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE <br /> COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. <br /> NO PROVISION OF THIS CONTRACT SHALL BE CONSTRUED OR INTERPRETED AS <br /> CREATING A DELEGATION OF GOVERNMENTAL POWERS NOR AS A DONATION BY <br /> OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE <br /> CONSTITUTION OF THE STATE OF NORTH CAROLINA. THIS CONTRACT SHALL <br /> NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO <br /> MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION <br /> OF THE COUNTY FOR ANY FISCAL YEAR IN WHICH THIS CONTRACT SHALL BE <br /> IN EFFECT. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE <br /> COUNTY IN ANY ACTION FOR BREACH OF A CONTRACTUAL OBLIGATION UNDER <br /> THIS CONTRACT AND THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT <br /> BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY <br /> MONEYS DUE UNDER THIS CONTRACT. <br /> No provision of this Contract shall be construed to pledge or <br /> to create a lien on any class or source of the County' s moneys, nor <br /> shall any provision of this Contract restrict the future issuance <br /> of any of the County' s bonds or obligations payable from any class <br /> or source of the County' s moneys . To the extent of any conflict <br /> between this Section and any other provision of this Contract, this <br /> Section shall take priority. <br /> SECTION 13 . MISCELLANEOUS <br /> 13 . 1 Waiver. No covenant or condition of this Contract can <br /> be waived except by the written consent of the Lender. Any failure <br /> of the Lender to require strict performance by the County or any <br /> waiver by the Lender of any terms, covenants or agreements herein <br /> shall not be construed as a waiver of any other breach of the same <br /> or any other term, covenant or agreement herein. <br /> 13 .2 Severabilitv. In the event any portion of this Contract <br /> shall be determined to be invalid under any applicable law, such <br /> provision shall be deemed void and the remainder of this Contract <br /> shall continue in full force and effect. <br /> 13 .3 Governing Law. This Contract shall be construed, <br /> interpreted and enforced in accordance with the laws of the State <br /> of North Carolina. <br /> 15 <br />