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<br />1 <br />' 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 the Installment Agreement will be sufficient (together <br />' with other available finds of the Board) to pay the cost of constructing the Project; (h) or any <br />other characteristic of the Project; it being agreed that all risks relating to the Project, the <br />completion thereof or the transactions contemplated hereby or by the Installment Agreement are <br />' to be borne by the Board, and the benefits of any and all implied warranties and representations <br />of the County are hereby waived by the Board. <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 /> <br />' ATTEST: <br />' Secretary <br />' (SEAL) <br />1 <br />1 <br />CABARRUS COUNTY BOARD OF EDUCATION <br />By: <br />Holly Blackwelder, Chair, Board of Education <br />This instrument has been preaudited in the manner required by <br />the School Budget and Fiscal Control Act. <br />Kelly Kluttz, Finance Director <br />Page 3 of 5 <br />F-9 <br />Attachment number 4 <br />Page 127 of 320 <br />