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259 and the Trust Agreement) as provided in the Trust Agreement and that it will provide a copy of each requisition to the County's Director of Finance. Section VII. Acceptance. The Board, for one dollar ($1.00) and other good and valuable consideration in hand received, does hereby accept the foregoing appointment as agent of the County for the purposes set forth in Section I hereof. Section VIII. Disclaimers of the County. The Board acknowledges and agrees that the design of the Project has not been made by the County, that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the component parts of the Project or similar projects, (b) has not made any recommendation, given any advice or taken any other action with respect to (i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the Project or any component thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Project thereto at any stage of the construction thereof, (c) has not at any time had physical possession of the Project or any component part thereof or made any inspection thereof or any property or rights relating thereto, and (d) has not made any warranty or other representation, express or implied, that the Project or any component part thereof or any property or rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has been or will be properly designed or constructed or will accomplish the results which the Board intends therefor, or (iii) is safe in any manner or respect. The County makes no express or implied warranty or representation of any kind whatsoever with respect to the Project or any component part thereof to the Board or any other circumstance whatsoever with respect thereto, including but not limited to, any warranty or representation with respect to: the merchantability or the fitness or suitability thereof for any purpose; the design or condition thereof, the safety, workmanship, quality or capacity thereof; compliance thereof with the requirements of any law, rule specification or contract pertaining thereto; any latent defect; the ability thereof to perform any function; that the funds advanced by the Bank pursuant to the Installment Agreement will be sufficient (together with other available funds of the Board) to pay the cost of constructing the Project; or any other characteristic of the Project; it being agreed that all risks relating to the Project, the completion thereof or the transactions contemplated hereby or by the Installment Agreement are to borne by the Board, and the benefits of any and all implied warranties and representations of the County are hereby waived by the Board. Section IX. Aqreement to Survive Termination of Installment Aqreement Notwithstanding anything to the contrary contained herein, the obligations undertaken by the Board hereunder shall survive the termination of the Installment Agreement. IN WITNESS WHEREOF, the parties hereto have executed and attested this Agency Agreement by their officers thereunto duly authorized as of the day and year first written above. CABARRUS COUNTY BOARD OF EDUCATION By: Chairperson ATTEST: Secretary (SEAL) This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Director ATTEST: /s/ Frankie F. Bonds Clerk, Board of Commissioners (SEAL) CABARRUS COUNTY, NORTH CAROLINA By: /s/ Jeffrey L. Barnhart Chairperson Board of Commissioners This instrument has been preaudited in the manner required by the Local Budget and Fiscal Control Act. /s/ Pamela S. Dubois Assistant Finance Director