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Agenda 05-24-22; 5-a - Public Hearing Regarding Proposed Lease Agreement and Economic Development Incentive Agreement for Well Dot, Inc.
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Agenda 05-24-22; 5-a - Public Hearing Regarding Proposed Lease Agreement and Economic Development Incentive Agreement for Well Dot, Inc.
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5/19/2022 3:16:34 PM
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BOCC
Date
5/24/2022
Meeting Type
Business
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Agenda
Agenda Item
5-a
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Agenda for May 24, 2022 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 05-24-2022 Business Meeting
Minutes 05-24-2022 Business Meeting
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Path:
\Board of County Commissioners\Minutes - Approved\2020's\2022
OTHER-2022-027-PERFORMANCE AGREEMENT BETWEEN ORANGE COUNTY, NORTH CAROLINA, AND WELL DOT, INC.
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Path:
\Board of County Commissioners\Various Documents\2020 - 2029\2022
OTHER-2022-030-LEASE PROVISIONS TERM SHEET
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Path:
\Board of County Commissioners\Various Documents\2020 - 2029\2022
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37 <br /> 12. LIMITATION OF COUNTY'S OBLIGATION <br /> NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR <br /> INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE <br /> COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT <br /> LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED <br /> OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A <br /> DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE <br /> 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 OR <br /> TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, <br /> NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY <br /> EXTENT PROHIBITED BY LAW,ANY ACTION OR RIGHT OF ACTION ON THE <br /> PART OF ANY FUTURE COUNTY GOVERNING BODY. <br /> TO THE EXTENT OF ANY CONFLICT BETWEEN THIS SECTION AND ANY <br /> OTHER PROVISION OF THIS AGREEMENT, THIS SECTION 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 documents <br /> related to the transactions contemplated hereby. Such officers, agents, or employees shall be <br /> deemed to execute such documents in their official capacities only, and not in their individual <br /> capacities. This Section shall not relieve any such officer, agent, or employee from the <br /> 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 writing <br /> signed by the Parties. <br /> B. BINDING EFFECT: Subject to the specific provisions of this Agreement, this Agreement <br /> shall be binding upon and inure to the benefit of and be enforceable by the Parties and their <br /> 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 /> Page 9 of 17 <br />
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