AG 1998 09 21 - Laserfiche WebLink

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DRAFT binding upon the County, the City and AmeriServe and their respective successors and assigns. 6.3 Amendments, Changes, and Modifications. Except as otherwise provided in this Agreement, this Agreement may not be amended, changed, modified or altered except by written agreement of the parties. 6.4 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 6.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such fully executed counterpart. 6.6 Governing Law. The Agreement is governed by and shall be construed in accordance with the laws, of the State of North Carolina. 6.7 Captions. The captions or headings used throughout this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. 6.8 Confidentiality. AmeriServe, the City and the County acknowledge that certain Exhibits to this Agreement, and/or other information provided by AmeriServe pursuant to this Agreement, may contain AmeriServe's trade secrets and confidential information. Accordingly, such information will be maintained in confidence by the County and the City, unless its release is consented to in writing by AmeriServe. 6.9 Construction. The parties acknowledge and stipulate that this Agreement is the product of mutual negotiation and bargaining and that it has been drafted by counsel for the parties. As such, the doctrine of construction against the drafter shall have no application to this Agreement. IN WITNES~ WHEREOF, the parties hereto have executed this Agreement under seal as of the day and year first above written. ATTEST: By: Its: [CORPORATE SEAL) ATTEST: By: (COUNTY SEAL) AMERISERVE FOOD D~STRIBUTION, INC., a Delaware corporation By: Its: CAEARRUS COUNTY By: Chairman, Cabarrus County Board Of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By: Finance Director ATTEST: By: Its: (CITY SEAL) THE CITY OF CONCORD By: Title: The Exhibits to the Agreement are on file in the Office of the County Manager. Proposed A~reement between Cabarrus Countz, Rowan County and the City of Kannapolis Relating to Bakers Creek Park UPON MOTION of Commissioner Mills, seconded by Chairman Casper and unanimously carried, the Board approved the following Agreement between Cabarrus County, Rowan County and the City of Kannapolis and authorized the Chairman to sign the agreement on behalf of Cabarrus County. The Agreement was as follows: STATE OF NORTH CAROLINA COUNTY OF CABJ%RRUS AGREEMENT Ail