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16. Miscellaneous. KANNAPOLIS and CABARRUS further say <br /> <br />that: <br /> <br /> (a) No failure cr delay in exercising any right <br />hereunder on the part of either party shall operate as <br />a waiver thereof, nor shall any single or partial <br />exercise by either party of any right hereunder <br />preclude any other further exercise thereof or the <br />exercise of any other right; <br /> (b) Ail representaticns and warranties made <br />herein shall survive the making of any payment or <br />payments pursuant hereto; <br /> <br /> (c) Except as mcdified by separate written <br />agreement of KANNAPOLIS and CABARRUS and/or termination <br />as provided herein, this Agreement shall be binding <br />upon and enure to the benefit of KANNAPOLIS and <br />CABARRUS, and their respective successcrs and assigns. <br /> <br /> IN WITNESS WHEREOF, KANNAPOLIS and CABARRUS have executed <br />this Agreement the day and year first above written. <br /> <br />Approved as to F~rm/ <br /> <br />CITY OF KANNAPOLIS, NORTH CAROLINA . <br /> <br /> Mayor / ' <br /> <br />(SEAL) <br /> <br />This instrument has been pre- <br />audited in the manner required by <br />the Local Government Budget and <br />Fiscal Control <br /> <br /> Fin'~ce Director <br /> <br />CABARRUS COUNTY <br /> <br />ATTEST: <br /> <br />Clerk <br /> <br />By: <br /> <br />(SEAL) <br /> <br />Chairman <br />Board of Ccmmissioners <br /> <br /> <br />