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(i) Captions. The captions or headings used throughout this <br />Agreement are for convenience only and in no way define, or describe the scope or intent <br />of any provision of this Agreement. <br />0) Confidentiality. 4540 Fortune Ave and the County acknowledge <br />that certain Exhibits to this Agreement, and /or other information provided by 4540 <br />Fortune Ave pursuant to this Agreement, may contain 4540 Fortune Ave's confidential <br />information. Accordingly, the County will maintain such information in confidence, <br />unless its release is consented to in writing by 4540 Fortune Ave or required by law. <br />(k) Construction. The parties acknowledge and stipulate that this <br />Agreement is the product or mutual negotiation and bargaining. As such, the doctrine of <br />construction against the drafter shall have no application to this Agreement. <br />IN WITNESS, the parties have executed this Agreement as of the date first <br />written above. <br />4540 FORTUNE AVE, LLC <br />By: <br />Manager or Authorized Member <br />CABARRUSCOUNTY <br />Michael K. Downs, County Manager <br />Lo <br />Attest: <br />Megan I.E. Smit, Clerk <br />Lo <br />This instrument has been pre- audited in the manner required by the "Local <br />Government Budget and Fiscal Control Act." <br />Susan Fearrington <br />Finance Director <br />Attachment number 3 \n <br />G -2 Page 145 <br />