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244 <br /> <br /> 12. Residual Raw Water Rights. CABARRUS shall not sell or deliver all or <br />any portion of the Historic Floor Amount of KANNAPOLIS to any other customer of <br />CABARRUS without the prior written approval of KANNAPOLIS (except on an <br />emergency basis and then only for 72 hours or less), which approval shall not <br />be unreasonably withheld; PROVIDED THAT prior to KANNAPOLIS's approval, CABARRUS <br />shall provide information to KANNAPOLIS with regard to suchdelivery of reserved <br />raw water, including, but not limited to, the duration of the proposed.contract, <br />the amount of raw water to be sold, and the compensation, if any, to KANNAPOLIS. <br /> 13. Method of Amendment/Termination of Agreement. This Agreement may be <br />amended or terminated only by a vote of the majority of the members of both of <br />the respective governing boards of KANNAPOLIS and CABARRUS. <br /> 14. Warranties. KANNAPOLIS and CABARRUS hereby warrant and represent that: <br /> (a) Execution of this Agreement and full performance of its <br /> own obligations hereunder are fully authorized by law; <br /> (b) Each has complied or will comply with all procedures <br /> necessary to render its execution of this Agreement and the <br /> performance of its obligations hereunder as valid, legal and binding <br /> acts of KANNAPOLIS or CABARRUS, respectively; and <br /> (c) Ail contracts for work to be done in connection with the <br /> construction of the Reservoir will be performed in accordance with <br /> the laws and regulations to which KANNAPOLIS and CABARRUS are <br /> subject, expressly including, but not limited to, the public bidding <br /> laws of the State of North Carolina. <br /> <br />15. Miscellaneous KANNAPOLIS and CABARRUS further say that: <br /> (a) No failure or delay in exercising any right hereunder on <br /> the part of either party shall operate as a waiver thereof, nor <br /> shall any single or partial exercise by either party of any right <br /> hereunder preclude any other further exercise 'thereof or the <br /> exercise of any other right; <br /> (b) Ail representations and warranties made herein shall <br /> survive the making of any payment or payments pursuant hereto; and <br /> (c) Except as modified by separate written agreement of <br /> KANNAPOLIS and CABARRUS and/or termination as provided herein, this <br /> Agreement ~shall be binding upon and inure to the benefit of <br /> KANNAPOLIS and CABARRUS, and their respective successors and <br /> assigns. <br /> <br /> IN WITNESS WHEREOF, KANNAPOLIS and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />CITY OF KANNAPOLIS, NORTH CAROLINA <br />By: <br /> <br />ATTEST: Mayor <br /> <br />ATTEST: <br /> <br />Secretary <br /> <br />CABARRUS COUNTY <br />By: <br /> <br />Chairman <br />Board of Commissioners <br /> <br />Clerk <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Moss and <br />unanimously carried, the Board authorized the execution of the following <br />"Agreement to Supply Treated Water" between the City of Kannapolis and Cabarrus <br />County subject to changes by the City of Kannapolis and the County Attorney on <br />technical matters. <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />AGREEMENT TO SUPPLY <br />TREATED WATER <br /> <br /> THIS AGREEMENT, of Interlocal Cooperation, pursuant to Article 20 of <br />Chapter 160A of the General Statutes of North Carolina, made and entered into <br /> <br /> <br />