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or capacity thereof (d) compliance thereof with the requirements of any law, rule specification or <br />contract pertaining thereto; (e) any latent defect; (f) the ability thereof to perform any function; <br />(g) that the funds advanced pursuant to any financing arrangement obtained by the County for <br />the Project will be sufficient (together with other available funds of the CCBOE) to pay the cost <br />of constructing the Project; (h) or any other characteristic of the Project; it being agreed that all <br />risks relating to the Project, the completion thereof or the transactions contemplated hereby or by <br />any financing arrangement obtained by the County for the Project are to be borne by the <br />CCBOE, and the benefits of any and all implied warranties and representations of the County are <br />hereby waived by the CCBOE. <br />IN WITNESS WHEREOF, the parties hereto have executed and attested this Agency <br />Agreement by their officers thereunto duly authorized as of the day and year first written above. <br />CABARRUS COUNTY BOARD OF EDUCATION <br />Chair, Board of Education <br />ATTEST: <br />Secretary <br />(SEAL) <br />This instrument has been preaudited in the manner required by <br />the School Budget and Fiscal Control Act. <br />Finance Director <br />Attachment number 1 <br />F -2 Page 65 <br />