Orange County NC Website
Browse       Search
15 <br /> instrument executed by both the County andORFD. <br /> F. No Third Party Beneficiaries. Nothing contained in this Agreement shall be <br /> deemed to create a contractual relationship with, or a cause of action in favor of, <br /> any third party against ORFD or the County. <br /> G. Entire Agreement, Amendment; Construction. This Agreement, together with the <br /> Exhibits attached hereto and all other agreements referred to herein or relating to <br /> the subject matter hereof, contains the entire Agreement between the Parties as to <br /> the subject matter referenced herein, and supersedes all prior agreements, <br /> understandings or undertakings (whether oral, written, electronic or otherwise) <br /> between the Parties with respect to the subject matter hereof. No amendment may <br /> be made to this Agreement except with the prior written consent of all Parties <br /> hereto. The section titles and headings herein are for convenience of reference only <br /> and do not define, modify or limit any of the terms and provisions hereof. Article, <br /> Section and Exhibit references herein are to Articles, Sections and Exhibits of this <br /> Agreement unless otherwise noted. The use of words "include" or "including" in <br /> this Agreement shall be by way of example rather than by limitation. The use of the <br /> words "or," "either" or "any" shall not be exclusive. <br /> H. Representations and Warranties of the Parties. Each of the Parties, and each person <br /> executing this Agreement on behalf thereof, represent and warrant, as applicable, <br /> that (1) such party or person has the full power and authority to enter into this <br /> Agreement and the agreements or instruments referred to herein, to execute them <br /> on behalf of the parry indicated on the signature page thereof, and to perform the <br /> obligations hereunder and thereunder, (2) such party is acting on its own behalf and <br /> on behalf of its members, successors and assigns, (3) this Agreement and the other <br /> agreements referenced herein are the valid and binding obligations of such parry, <br /> enforceable against it in accordance with their terms, (4) entering into this <br /> Agreement and the other agreements referenced herein does not conflict with any <br /> other agreements entered into by either party, and (5) the execution, delivery and <br /> performance of this Agreement has been duly and validly authorized by all <br /> necessary corporate or governmental action on its part. <br /> I. Exhibit List. The following exhibits are hereby incorporated by reference: <br /> EXHIBIT A: Map Denoting Site, Legal Description of Site, <br /> Legal and Equitable Owners <br /> EXHIBIT B: Element of Values <br /> [SIGNATURE PAGE TO FOLLOW/ <br /> 13 <br />