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ITEM 9. <br /> <br />Miscellaneous. Paragraph headings are for convenience only and <br /> <br />shall not be deemed a controlling part of this Contract. Any waiver of any <br />occurrence hereunder which constitutes an event of default hereunder shall <br />not be deemed a waiver of any future event of default. <br /> <br /> TH/S AMENDED AGREEMENT, with regard to County property, amends and <br />supercedes in its entirety that Agreement entered into on December 31, 1998 by and between <br />Cabarrus County, North Carolina and Acme TuffControl Co., Inc. <br /> <br /> IN TESTIMONY WHEREOF, the parties have caused this agreement to' be duly <br />executed by their authorized officers pursuant to resolutions adopted in accordance with law. <br /> <br />ACME TURF CONTROL CO., INC. <br /> <br />By: <br /> <br />President <br /> <br />ATTEST: <br /> <br />By: <br /> <br />Secretary <br /> <br />CABARRUS COUNTY <br /> <br />By: <br /> <br />County Manager <br /> <br />ATTEST: <br /> <br />By: <br /> <br />Clerk <br /> <br />This instrument has been pre-audited in the manner required by the Local Government Budget <br />and Fiscal Control Act. <br /> <br />Date: By: <br /> <br />Finance Officer <br /> <br /> <br />