AG 2011 08 15 - Laserfiche WebLink

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Environmental Warranties and Representations. In addition to any other representations and warranties provided the Applicant by the Landowner with respect to the Property, Landowner represents and warrants to the County and the Applicant that the Property is not currently and to the best knowledge of the Landowner after due investigation, has never been in violation of any federal, state or local laws, rules, regulations, or ordinances pertaining to environmental matters of any kind or nature and to the best of Landowner's knowledge, no adjoining property is or has ever been in violation of any federal, state or local laws, rules, regulations or ordinances pertaining to environmental matters of any kind or nature. Obligation to Purchase. Notwithstanding any term or condition of this or any other agreement regarding the Property, no term or condition of this Agreement or any other agreement shall be construed to require Applicant to purchase the Property in the event: (1) Landowner is in default under this or any other agreement by and between Applicant and Landowner with regard to the Property; or (2) Applicant is not the recipient of the full amount of the Funds under the Program. Furthermore, no term or condition of this or any other agreement shall be construed to impose a duty, express or implied, upon the County or the Department to award the Funds or any portion thereof to the Applicant. 5. Landowner understands that in the event the Landowner is in default under the terms and conditions of Exhibit B, if any Landowner representations and warranties set forth herein are false or misleading, or in the event Applicant is not the recipient of the full amount of the Funds, neither Applicant nor the County is under any express or implied obligation whatsoever to purchase the Property. Miscellaneous. This agreement shall be governed by the laws of the state of North Carolina. For purposes of enforcement of this Agreement, the parties agree to the exclusive jurisdiction of the courts of Cabarrus County, North Carolina without application of any conflicts of laws provisions of any jurisdiction. Paragraph headings are for convenience only and shall not be deemed to be a controlling part of this Agreement. In the event any provision of this Agreement is deemed for any reason to be unenforceable, the remaining provisions shall remain in full force and effect. No party hereto may assign this Agreement without the express prior written consent of the other parties hereto. However, this Agreement shall be deemed binding upon any successor in interest to the Landowner and any other permitted successors and /or assigns of the parties. No provision of this or any other agreement shall be construed to imply a joint venture, partnership or agency agreement between or among the parties hereto. LANDOWNER: APPLICANT: By : (Seal) By : (Seal) Name: Title: READ AND AGREED TO: CABARRUS COUNTY, NORTH CAROLIINA By: Name: Title: Director, Parks Department of Cabarrus County Name: Title: This instrument has been audited in accordance with the Local Government Budget and Fiscal Control Act. By: , Pam DuBois, Finance Director, Cabarrus County, North Carolina 17 Attachment number 7 F -7 Page 180