Orange County NC Website
instrument executed by both the County and ORFD . <br /> F . No Third Party Beneficiaries . Nothing contained in this Agreement shall be <br /> Ce 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 party 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 party, <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 />