Orange County NC Website
11.1. County's Assignments. The County will not sell or assign any <br />interest in this Contract urithout the Company's prior uTritten consent. <br />11.2. Company's Assignment. The Company uTill assign <br />substantially all of its rights under this Contract, including rights to receive and <br />enforce Contract Payments (but excluding the Company's rights to indemnification <br />and payment of costs and its rights to receive notices} to the Trustee pursuant to the <br />Trust Agreement, without recourse against the Company. The County consents to <br />such assignment, and agrees to accept performance, direction and any other action <br />by the Trustee to the same extent provided in this Contract for the action of the <br />Corporation, and to render performance to the Trustee to the same extent provided <br />in this Contract for performance to the Corporation (in each case, except with <br />respect to the Corporation's reserved rights}. <br />Notice of any further assignment must be provided to the County. The <br />County uTill keep a complete and accurate record of all assignments. After the <br />giving of an~J such notice, the County will thereafter make all payments in <br />accordance with the notice to the assignee named therein and will, if so requested, <br />acknowledge such assignment in writing, but such acknowledgment uTill in no ~vay <br />be deemed necessary to make the assignment effective. <br />ARTICLE XII <br />COUNTY' S LIMITED OBLIGATION <br />Notwithstanding any other provision of this Contract, the parties intend that <br />this transaction comply with North Carolina General Statutes Section 160A-20. No <br />deficiency judgment may be entered against the County in violation of such <br />Section 16()A-2t). <br />No provision of this Contract will be construed or interpreted as creating a <br />pledge of the County's faith and credit uTithin the meaning of any constitutional <br />debt limitation. No provision of this Contract uTill be construed or interpreted as an <br />illegal delegation of governmental powers or as an improper donation or lending of <br />the County's credit uTithin the meaning of the North Carolina constitution. The <br />County's taxing pourer is not and may not be pledged directly or indirectly or <br />contingently to sec~.~re any moneys due under this Contract. <br />No provision of this Contract will be construed to pledge or to create a lien <br />on any class or source of the County's moneys (other than the funds and accounts <br />93361v2 23 <br />