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LIMITATION . NO PROVISION OF THIS AGREEMENT SHALL BE <br /> CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS <br /> NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY <br /> WITHIN THE MEANING OF THE STATE CONSTITUTION . <br /> THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR <br /> CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND <br /> THOSE APPROPRIATED IN THE COUNTY ' S SOLE DISCRETION FOR ANY <br /> FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT . <br /> NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE <br /> OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY ' S <br /> MONEYS , NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO <br /> ANY EXTENT PROHIBITED BY LAW , ANY ACTION OR RIGHT OF ACTION <br /> ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY , <br /> TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY <br /> OTHER PROVISION OF THIS AGREEMENT , THIS ARTICLE SHALL TAKE <br /> PRIORITY. <br /> 13 . LIABILITY OF PUBLIC OFFICERS <br /> No officer, agent or employee of the County or the Company shall be subject to any personal <br /> liability or accountability by reason of the execution of this Agreement or any other <br /> documents related to the transactions contemplated hereby . Such officers , agents , or <br /> employees shall be deemed to execute such documents in their official capacities only ; and <br /> not in their individual capacities . This Section shall not relieve any such officer, agent or <br /> employee from the performance of any official duty provided by law . <br /> 14 . MISCELLANEOUS <br /> A . ENTIRE AGREEMENT : This Agreement, including all exhibits attached, constitutes the <br /> entire contract between the parties , and this Agreement shall not be amended except in <br /> writing signed by the Parties . <br /> B . BINDING EFFECT : Subject to the specific provisions of this Agreement, this <br /> Agreement shall be binding upon and inure to the benefit of and be enforceable by the <br /> Parties and their respective successors and assigns . <br /> C . TIME : Time is of the essence in this Agreement and each and all of its provisions . <br /> D . CONSTRUCTION : Nothing in this Agreement shall be construed to the effect that the <br /> County has any right to influence the Company ' s business decisions or to receive business <br /> information from the Company (except as expressly provided in Section 2B and Section 5 <br /> hereof) . <br /> E . SIGNATURES : This Agreement together with any amendments or modifications may be <br /> executed electronically . All electronic signatures affixed hereto evidence the intent of the <br /> Parties to comply with Article 1 IA and Article 40 of North Carolina General Statute Chapter 66 . <br /> Page 9 of 20 <br />