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C. To the County's knowledge, there is no litigation or proceeding pending or <br /> threatened against the County or affecting it which would adversely affect the <br /> validity of this Agreement. <br /> D. To the best of the County's knowledge at the time of execution of this Agreement, <br /> the County is not in default under any provision of State law which would affect <br /> its existence or its powers. <br /> E. To the best of the County's knowledge at the time of execution of this Agreement, <br /> no official of the County has any interest (financial, employment, or other) in the <br /> Company or the transactions contemplated by this Agreement. <br /> F. With respect to this Agreement, County has complied fully with all requirements <br /> of N.C. Gen. Stat. §158-7.1, to the County's ability and knowledge. <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 LIMITATION. <br /> NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR <br /> INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION <br /> OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE <br /> STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY <br /> OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND <br /> THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE COUNTY FOR ANY <br /> FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO <br /> PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO <br /> CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, NOR <br /> SHALL ANY PROVISION OF THIS AGREEMENT RESTRICT TO ANY EXTENT <br /> PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF <br /> ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY <br /> CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS <br /> AGREEMENT, THIS ARTICLE TAKES PRIORITY. <br /> IX. MISCELLANEOUS <br /> A. Definitions. All terms with initial capitals used in this Agreement and not <br /> otherwise defined will have the meanings ascribed to those terms in the <br /> Webster's Third New International Dictionary. <br /> B. Governing Law. The parties intend that the law of the State of North Carolina <br /> will govern this Agreement. <br /> C. Notices. <br /> (1) Any communication required or permitted by this Agreement must be in <br /> writing except as expressly provided otherwise in this Agreement. <br /> Pagt,A60 W number 3\n <br /> F-8 Page 140 <br />