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41 <br /> <br />4) <br /> <br /> In the event the COUNTY fails to comply with any of the terms of <br />this agreement and pretreatment program, CONCORD, consistent with due <br />process, may take appropriate action in accordance with the Sewer <br />Use Ordinance, until compliance is achieved or until an acceptable <br />program of compliance has been agreed upon by CONCORD and the COUNTY. <br /> <br /> Article III <br />Section A- Duration of Agreement <br /> <br /> This Agreement is effective as of the day and year first above written <br />and, unless amended or modified as set forth in Paragraph III B <br />hereinafter, shall remain in effect until December 31, 1989. Action to <br />review, renew, and/or extend this Agreement, as written or as appropriately <br />modified, shall be taken by the respective governing bodies of CONCORD and <br />COUNTY on or before December 1, 1989. <br /> <br />Section B- Method of Amendment/Termination of Agreement <br /> <br /> This Agreement may be amended or terminated only by a vote of the <br />majority of the members of each of the respective governing boards of <br />CONCORD and the COUNTY. <br /> <br />Section C- Warranties <br /> <br />CONCORD and the COUNTY hereby warrant and represent that: <br /> <br />a) Execution of this Agreement and full performance of its own <br />obligations hereunder are fully authorized by law; <br /> <br />b) Each has complied or will comply with all procedures necessary to <br />render its execution of this Agreement and the performance of its <br />obligations hereunder as valid, legal and binding acts of CONCORD or <br />the COUNTY, respectively. <br /> <br />Section D- Miscellaneous <br /> <br />CONCORD and the COUNTY further say that: <br /> <br />a) No failure or delay in exercising any right hereunder on the part <br />of either party shall operate as a waiver thereof, nor shall any <br />single or partial exercise by either party of any right hereunder <br />preclude any other further exercise thereof or the exercise of any <br />other right; <br /> <br />b) Except as modified by separate written agreement of CONCORD and <br />the COUNTY and/or termination as provided herein, this Agreement shall <br />be binding upon and enure to the benefit of CONCORD and the COUNTY, <br />and their respective successors and assigns. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate <br />originals, following due and proper approval by their respective governing <br />bodies in official session. <br /> <br /> CITY OF CONCORD <br />By: <br /> <br />Mayor <br /> <br />ATTEST: <br /> <br />City Clerk <br />(Seal) <br /> <br />ATTEST: <br /> <br /> CABARRUS COUNTY <br />By: <br /> <br />Chairman <br /> <br />County Clerk <br />(Seal) <br /> <br /> <br />