BC 1989 04 19 - Laserfiche WebLink

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97 7. Residual Water Rights. CONCORD shall not sell or deliver all or any portion of the Floor Amount of CABARRUS to any other customer of CONCORD without the prior written approval of CABARRUS (except on an emergency basis and then only for 72 hours or less), which approval shall not be unreasonably withheld; PROVIDED THAT prior to CABARRUS's approval, CONCORD shall provide information to CABARRUS with regard to such delivery of reserved treated water, including, but not limited to, the duration of the proposed contract, the amount of treated water to be sold, and the compensation, if any, to CABARRUS. 8. Method of Amendment/Termination of Agreement. This Agreement may be amended or terminated only by a vote of the majority of the members of both of the respective governing boards of CONCORD and CABARRUS. 9. Warranties. CONCORD and CABARRUS hereby warrant and represent that: (a) Execution of this Agreement and full performance of its own obligations hereunder are fully authorized by law; (b) Each has complied or will comply with all procedures necessary to render its execution of this Agreement and the performance of its obligations hereunder as valid, legal and binding acts of CONCORD or CABARRUS, respectively; and (c) Ail contracts for work to be done in connection with this Agreement will be performed in accordance with the laws and regulations to which CONCORD and CABARRUS are subject, expressly including, but not limited to, the public bidding laws of the State of North Carolina. 10. Miscellaneous. CONCORD and CABARRUS further say that: (a) No failure or delay in exercising any right hereunder on the part of either party shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any right hereunder preclude any other further exercise thereof or the exercise of any other right; (b) Ail representations and warranties made herein shall survive the making of any payment or payments pursuant hereto; and (c) Except as modified by separate written agreement of CONCORD and COUNTY and/or termination as provided herein, this Agreement shall be binding upon and enure to the benefit of CONCORD and CABARRUS, their respective successors and assigns. IN WITNESS WHEREOF, CONCORD and CABARRUS have executed this Agreement the day and year first above written. ATTEST: /s/ Vickie C. Weant Clerk ATTEST: ~s/ Frankie F. Small Clerk CITY OF CONCORD, NORTH CAROLINA By: Bernie A. Edwards Mayor CABARRUS COUNTY By: James W. Lentz Chairman Board of Commissioners Alderman Henry questioned the status of the Rocky River Regional Wastewater Treatment Plant settlement. Mr. Michael M. Ruffin, County Manager, advised him that the matter would be placed on the agenda for the May 1 meeting of the Board of Commissioners. Mayor Edwards adjourned the meeting of the Board of Aldermen at 5:15 P.M. Chairman Lentz recessed the meeting of the Board of Commissioners until 5:25 P.M. Chairman Lentz reconvened the meeting of the Board of Commissioners at 5:25 P.M. Commissioner Moss was absent for the remainder of the meeting.