AG 1992 12 21 - Laserfiche WebLink

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Authority. request. 7. It is further agreed that the EPA should consider this document as that fomml Execution of Novation Agreement. The Authority and Concord agree to execute a Novation Agreement which shall be prepared by the Environmental Protection Agency transferring the Grant to the Authority. 8. Term of the Agreement. This agreement shall be binding and in full force and effect from this effective date until the terms and conditions of all' grants transferred to the Authority have been satisfied including the design life of the facilities. 9. Entire Agreement. Except as expressly set forth in this Agreement, there were no other prior or contemporaneous promises, covenants, representations, warranties, agreements or understandings (written or oral, or by course of dealing, course of performance or by usage of trade) which contradict, are inconsistent with or which supplement the terms set forth herein. 10. Situs of Agreement.' This agreement is entered into in the State of North Carolina and shall be construed and interpreted in accordance with the laws of the State of North Carolina. 11. Remedies and Limitations. The parties hereto shall execute all instruments and take all such actions as are 'required and appropriate to effectuate this Agreement and the express intention or purpose hereof. If any party should breach this Agreement, then the other parties may, at their election or discretion, enforce their rights in a civil action (1) for specific performance or (b) for damages. Cancellation, termination or rescission of this Agreement shall not be a remedy for the party hereunder. If any party should elect to waive any right or claim arising under this Agreement, such waiver shall not be deemed a waiver of any other right or claim provided for herein.