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23 <br /> <br />binding upon the County, the City and AmeriServe and their respective <br />successors and assigns. <br /> 6.3 Amendments, Changes, and Modifications. Except as otherwise <br />provided in this Agreement, this Agreement may not be amended, changed, <br />modified or altered except by written agreement of the parties. <br /> 6.4 Severability. If any provision of this Agreement is held invalid or <br />unenforceable by any court of competent jurisdiction, such holding shall not <br />invalidate or render unenforceable any other provision of this Agreement. <br /> 6.5 Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which when so executed and delivered shall be deemed an <br />original, and it shall not be necessary in making proof of this Agreement to <br />produce or account for more than one such fully executed counterpart. <br /> 6.6 Governing Law. The Agreement is governed by and shall be construed <br />in accordance with the laws, of the State of North Carolina. <br /> 6.7 Captions. The captions or headings used throughout this Agreement <br />are for convenience only and in no way define, limit, or describe the scope or <br />intent of any provision of this Agreement. <br /> 6.8 Confidentiality. AmeriServe, the City and the County acknowledge <br />that certain Exhibits to this Agreement, and/or other information provided by <br />AmeriServe pursuant to this Agreement, may contain AmeriServe's trade secrets <br />and confidential information. Accordingly, such information will be maintained <br />in confidence by the County and the City, unless its release is consented to <br />in writing by AmeriServe. <br /> 6.9 Construction. The parties acknowledge and stipulate that this <br />Agreement is the product of mutual negotiation and bargaining and that it has <br />been drafted by counsel for the parties. As such, the doctrine of construction <br />against the drafter shall have no application to this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br />under seal as of the day and year first above written. <br /> <br />ATTEST: <br />By: <br /> <br />Its: <br />(CORPORATE SEAL) <br /> <br />ATTEST: <br />By: <br /> <br />Its: <br />(COUNTY SEAL) <br /> <br />AMERISERVE FOOD DISTRIBUTION, <br />INC., a Delaware corporation <br />By: <br /> <br />Its: <br /> <br />CABARRUS COUNTY <br />By: <br /> <br />Chairman, Cabarrus County Board <br />Of Commissioners <br /> <br /> This instrument has been preaudited in the manner required by the Local <br />Government Budget and Fiscal Control Act. <br /> By: <br /> Finance Director <br /> <br />ATTEST: <br />By: <br /> <br />Its: <br /> (CITY SEAL) <br /> <br />THE CITY OF CONCORD <br />By: <br /> <br />Name: <br />Title: <br /> <br /> The Exhibits to the Agreement are on file in the Office of the County <br />Manager. <br /> <br />Proposed Agreement between Cabarrus County, Rowan County and the City of <br />Kanna~olis Relating to Bakers Creek Park <br /> <br /> UPON MOTION of Commissioner Mills, seconded by Chairman Casper and <br />unanimously carried, the Board approved the following Agreement between <br />Cabarrus County, Rowan County and the City of Kannapolis and authorized the <br />Chairman to sign the agreement on behalf of Cabarrus County. The Agreement <br />was as follows: <br /> <br />STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS <br /> <br />AGREEMENT <br /> <br /> <br />