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544 <br /> <br /> 9. Miscellaneous. CONCORD and CABARRUS further say that: <br /> (a) No failure or delay in exercising any right hereunder on the part <br />of either party shall operate as a waiver thereof, nor shall any single or <br />partial exercise by either party of any right hereunder preclude any other <br />further exercise thereof or the exercise of any other right; <br /> <br /> (b) Ail representations and warranties made herein shall survive the <br />making of any payment or payments pursuant hereto; <br /> <br /> (c) Except as modified by separate written agreement of CONCORD and <br />COUNTY and/or termination as provided herein, this Agreement shall be binding <br />upon and enure to the benefit of CONCORD and CABARRUS, their respective <br />successors and assigns. <br /> <br /> IN WITNESS WHEREOF, CONCORD and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />CITY OF CONCORD, NORTH CAROLINA <br /> <br />ATTEST: By: <br /> Mayor <br /> <br />Clerk <br /> <br />CABARRUS COUNTY <br /> <br />ATTEST: <br /> <br />By: <br /> <br />Chairman <br />Board of Commissioners <br /> <br />Clerk <br /> <br /> Chairman Lentz asked that the transmittal letter to the City of Concord <br />request a reply to the agreements by December 1, 1988. <br /> There being no further business to come before the Board, the meeting <br />adjourned at 10:08 P.M. <br /> <br />Clerk to the Board <br /> <br /> <br />