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246 <br /> <br /> heretofore or hereafter installed. CABARRUS shall pay said bills <br /> within thirty (30) days of receipt. Upon failure of payment, <br /> KANNAPOLIS may discontinue supplying treated water upon ten (10) <br /> days' written notice to CABARRUS; and <br /> (f) KANNAPOLIS shall maintain complete and accurate records <br /> of flow from all metering points. At all times, CABARRUS shall have <br /> access to such flow measurement facilities for the purpose of review <br /> of the accuracy of readings therefrom. <br /> 5. 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 /> 6. Warranties. KANNAPOLIS and CABARRUS hereby warrant and represent <br />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 this <br /> Agreement will be performed in accordance with the laws and <br /> regulations to which KANNAPOLIS and CABARRUS are subject, expressly <br /> including, but not limited to, the public bidding laws of the State <br /> of North Carolina. <br /> 7. 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 enure to the benefit of <br /> KANNAPOLIS and CABARRUS, their respective successors and assigns. <br /> <br /> IN WITNESS WHEREOF, KANNAPOLIS and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />ATTEST: <br /> <br />CITY OF KANNAPOLIS, NORTH CAROLINA <br />By: <br /> Mayo~ <br /> <br />ATTEST: <br /> <br />Clerk <br /> <br />CABARRUS COUNTY <br />By: <br /> <br />Chairman <br />Board of Commissioners <br /> <br />Clerk <br /> <br /> Sheriff Robert Canaday announced that the ribbon cutting and open house <br />at the County Jail addition would be held on Sunday, November 12, 1989, from <br />2:00 P.M. until 4:00 P.M. <br /> Commissioner Moss requested that proposed legislation to allow people to <br />trap fox between January 2 and January 31 of each year be placed on the next <br />agenda for consideration by the Board of Commissioners. <br /> Chairman Lentz recommended the appointment of Mr. Newton Fowler and Mr. <br />Harold McEachern as the County's representatives on the Regional Sports <br />Authority. This matter will be discussed at a later date.. <br /> There being no further business to come before the Board, the meeting was <br />adjourned at 10:10 P.M. <br /> <br />Clerk to the Board <br /> <br /> <br />