AG 2009 08 17 - Laserfiche WebLink

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threatened against the COMPANY, which would adversely affect the validity of this Agreement. The COUNTY represents as of the Agreement Date as follows: (a) At the time of execution of this Agreement, the COUNTY (i) has full power and authority to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement; (ii) by proper action has duly authorized the execution and delivery of this Agreement; and (iii) is not in default under any provisions of this Agreement. (b) The COUNTY has duly authorized, executed, and delivered this Agreement, and this Agreement constitutes the COUNTY's legal, valid, and binding obligation, enforceable in accordance with its terms. (c) To the COUNTY's knowledge, there is no litigation or proceeding pending or threatened against the COUNTY or affecting it which would adversely affect the validity of this Agreement. (d) To the best of the COUNTY's knowledge at the time of execution of this Agreement, the COUNTY is not in default under any provision of State law which would affect its existence or its powers as referred to in subsection (a). (e) To the best of the COUNTY's knowledge at the time of execution of this Agreement, no officer or official of the COUNTY has any interest (financial, employment, or other) in the COMPANY or the transactions contemplated by this Agreement. (fj With respect to this Agreement, COUNTY has complied fully with all requirements of N.C. General Statute 158-7.1 to the COUNTY's ability and knowledge. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION.. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE COUNTY FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE TAKES PRIORITY. Page 6 of 14 5/IS/ZOORttachment number 5 Page 238 of 315 G-1