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10 <br />2.4. No Abatement. There will be no abatement or reduction of the <br />Installment Payments or Additional Payments by the County for any reason, <br />including, but not limited to, any defense, recoupment, setoff, counterclaim, or any <br />claim arising out of or related to the Project Sites or the Financed Facilities. The <br />County assumes and will bear the entire risk of completion, loss and damage to the <br />Project Sites and the Financed Facilities from any cause whatsoever, it being the <br />parties' intention that the Installment Payments will be made in all events unless <br />the County's obligation to make Installment Payments is terminated as provided in <br />this Contract. <br />2.5. Appropriations. <br />(a) The County will cause the Budget Officer to include in the initial <br />proposal for each of the County's annual budgets the amount of all Installment <br />Payments and estimated Additional Payments coming due during the Fiscal Year <br />to which such budget applies. Notwithstanding that the initial proposed budget <br />includes an appropriation for Contract Payments, the County Board may determine <br />not to include such an appropriation in the final County budget for such Fiscal <br />Year; further, the County Board may amend an adopted budget to delete an <br />approved appropriation. <br />(b) If within 15 days after .the beginning of any Fiscal Year the County <br />has not appropriated an amount equal to the Installment Payments and estirriated <br />Additional Payments coming due during such Fiscal Year, then the County must <br />send a notice to such effect to SunTrust and to the LGC, to the attention of its <br />Secretary, at 4505 Fair Meadow Lane, Suite 102, Raleigh, North Carolina 27607- <br />6449. <br />ARTICLE III <br />CONSTRUCTION <br />3.1. Construction; Changes. (a) .The County will comply with <br />the provisions of the North Carolina General Statutes and enter into the <br />Construction Contracts, or in the alternative the County may provide for the School <br />Board to enter into some or all of the Construction Contracts.. The County will <br />cause the construction of the Pledged Facilities to be carried on continuously in <br />accordance with the Plans and Specifications and all applicable State and local <br />laws and regulations. The County will provide for the Pledged Facilities to be <br />constructed on the Pledged Sites and will insure (i) that no portion of the Pledged <br />Facilities encroaches upon nor overhangs any easement or right-of--way and (ii) <br />that the Pledged Facilities, when erected, will be wholly within any applicable <br />97562v1 10 <br />