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Agenda - 08-01-2022; 2 - Ratification of County Manager's Execution of an Insurance Coverage Agreement with Travelers Insurance and Approval of a Letter of Credit Agreement
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Agenda - 08-01-2022; 2 - Ratification of County Manager's Execution of an Insurance Coverage Agreement with Travelers Insurance and Approval of a Letter of Credit Agreement
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7/28/2022 4:26:54 PM
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BOCC
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8/1/2022
Meeting Type
Special Meeting
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Agenda
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2
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Agenda for August 1, 2022 Special Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 08-01-2022 Special Meeting
Minutes 08-01-2022 Special Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
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Standby Letter of Credit Application and Ag3reement <br /> 22. The Applicant(s), individually and/or by the signature(s) of its authorized representative below, hereby certifies that: the foregoing has been <br /> carefully read by the Applicant and is given to Bank for the purpose of obtaining the credit described above and other credit from time to time in <br /> whatever form;the information in this Application and any other documents or information submitted in connection with this Application or any other <br /> credit request are true and correct statements of the Applicant's financial condition and may be treated by the Bank as a continuing statement <br /> thereof until replaced by a new Application or until the Applicant specifically notifies the Bank in writing of any change; and the credit requested <br /> herein and any other credit obtained from the Bank by the Applicant on the basis of the information contained in this Application shall be used <br /> solely for business and commercial purposes.The Applicant authorizes the Bank and shall cause any Guarantors to authorize the Bank to:verify at <br /> any time any information submitted to the Bank by or on behalf of the Applicant and/or any Guarantor; obtain further information concerning the <br /> credit standing of the Applicant, its representatives and Guarantors; and exchange such credit information with others. The Applicant agrees to <br /> provide additional information,financial or otherwise, upon request. <br /> 23. The International Standby Practices (ISP98) or the Uniform Customs and Practices for Documentary Credits (UCP), other agreed upon rules of <br /> practice or such later revisions reflecting generally accepted practice,custom and usage of Letters of Credit as stated in the text of the actual Letter <br /> of Credit shall in all respects be deemed a part of this Agreement as fully as if incorporated herein and shall apply to the Letter of Credit. The <br /> Applicant agrees that certain material events and occurrences relating to the Letter of Credit and this Agreement bear a reasonable relationship to <br /> the laws of Georgia. The laws of such jurisdiction and the federal law of the United States shall govern the construction of this Agreement and the <br /> rights and duties of the parties,except to the extent such laws are inconsistent or in variance with the ISP98, UCP or other rules stated in the Letter <br /> of Credit, as applicable, then to the extent permitted by law, the UCP or the ISP98 or other rules stated in the Letter of Credit, as applicable, shall <br /> govern or be read to explain the applicable law.The ISP98, UCP or other rules stated in the Letter of Credit shall serve, in the absence of proof to <br /> the contrary,as evidence of standard practice with respect to the subject matter hereof. <br /> 24. IN ANY PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF OR RELATED TO THE AGREEMENT OR <br /> THE RELATIONSHIP ESTABLISHED HEREUNDER,APPLICANT IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY <br /> STATE OR FEDERAL COURT LOCATED IN ANY COUNTY IN THE STATE OF GEORGIA AND AGREES NOT TO RAISE ANY OBJECTION TO <br /> THE JURISDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN THE JURISDICTION. <br /> TO THE EXTENT PERMITTED BY APPLICABLE LAW,APPLICANT AND BANK HEREBY KNOWINGLY,VOLUNTARILY, INTENTIONALLY AND <br /> IRREVOCABLY WAIVE,TO THE FULLEST EXTENT PERMITTED BY LAW,THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY <br /> IN RESPECT OF ANY LITIGATION,WHETHER IN CONTRACT OR TORT,AT LAW OR IN EQUITY, BASED HEREON OR ARISING OUT OF, <br /> UNDER OR IN CONNECTION WITH THIS LETTER OF CREDIT AND ANY OTHER DOCUMENT OR INSTRUMENT RELATED THERETO. <br /> 318048(11/21) Page 7 of 10 <br /> Truist Corporate Forms <br />
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