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WHEREAS, Orange County wishes to support the development of the D-0 LRT Project in <br /> accordance with the terms of this MOU. <br /> NOW,THEREFORE,the parties hereto,each in consideration of the promises and undertakings of <br /> the other as herein provided,do hereby covenant and agree,each with the other,as follows: <br /> 1. Subject to and contingent upon any authorizations required by Orange County, <br /> including the Orange County Board of Commissioners,Orange County agrees to cooperate with the <br /> municipalities within the county and to work together to identify potential additional funding <br /> mechanisms to directly support the D-0 LRT Project. <br /> 2. If changes or revisions are needed to this MOU,a Supplemental MOU will be prepared. <br /> No modification to this MOU shall be effective unless agreed to in writing by the parties. <br /> 3. The parties acknowledge that this MOU does not create an enforceable obligation.Any <br /> legally binding obligation with respect to any identified additional funding mechanisms is subject to the <br /> execution of a formal agreement between the parties. <br /> 4. Entry into this MOU shall not relieve any parties to the Interlocal Implementation <br /> Agreement for the Orange County Bus and Rail Investment Plan or the Interlocal Agreement for Cost <br /> Sharing for LRT Rail Project of their responsibilities pursuant to those agreements and those agreements <br /> shall be re-examined within five months of the date of adoption of this MOU. <br /> 5. Orange County's approval of this MOU shall not be utilized by any party to signal that <br /> Orange County has expressed any willingness or intent to commit additional funds to the DO-LRT <br /> Project beyond the funds previously committed through various approvals of the Orange County Board <br /> of Commissioners including the%Z cent sales tax authorized by NCGS 105-508.2 and the vehicle rental <br /> and registration fees levied pursuant to NCGS Chapter 105 Articles 50 and 51. <br /> 6. To the extent authorized by applicable law and without waiving any immunities,each <br /> party shall be responsible for its respective actions under the terms of this MOU and save harmless the <br /> other party from any claims arising as a result of such actions. <br /> 7. All terms of this MOU are subject to available federal and state funding and fiscal <br /> constraints. <br /> 8. This MOU contains the entire agreement between the parties related to the subject <br /> matter herein and there are no understandings or agreements,verbal or otherwise, regarding this MOU, <br /> except as expressly set forth herein. <br /> 9. Each party represents that the individual executing this MOU on its respective behalf is <br /> authorized to execute this MOU on its behalf and that the party has read this MOU,conferred with legal <br /> counsel,and fully understands its contents. <br /> 10. A copy or facsimile copy of the signature of any party shall be deemed an original with <br /> each fully executed copy of the MOU as binding as an original,and the parties agree that this MOU can <br /> 2 <br />