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The County represents as of the date of this Agreement as follows: <br />A. At the time of execution of this Agreement, the County (i) has full power and <br />authority to enter into this Agreement and to enter into and carry out the <br />transactions contemplated by this Agreement; (ii) by proper action has duly <br />authorized the execution and delivery of this Agreement; and (iii) is not in default <br />under any provisions of this Agreement. <br />B. The County has duly authorized, executed, and delivered this Agreement, and this <br />Agreement constitutes the County's legal, valid, and binding obligation, <br />enforceable in accordance with its terms. <br />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. General Statutes §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 <br />THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT <br />LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE <br />CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL <br />POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE <br />COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS <br />AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR <br />CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS <br />BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE <br />COUNTY FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT <br />SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE <br />CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR <br />SOURCE OF THE COUNTY'S MONEYS, NOR SHALL ANY PROVISION OF <br />THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY <br />ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE <br />COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT <br />Page 8 of 15 <br />Attachment number 1 <br />G -2 Page 222 <br />