Orange County NC Website
Browse       Search
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 />