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25 <br /> <br /> Section 7. Indemnity. From and after execution of this Agreement and <br />upon performance by Counties as contemplated by this agreement, City shall and <br />does agree to indemnify and hold Counties harmless, and each of them, from and <br />against all claims, actions, demands, expenses and judgments for loss, damage <br />or injury arising out of City's use of the Park, any breach or default in <br />performance of City's obligations under this agreement or other actions or <br />omissions of City. <br /> Section 8. Miscellaneous. Each parties to agreement further agree as <br /> <br />follows: <br /> (a) <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />(f) <br /> <br />(g) <br /> <br />(h) <br /> <br />Without further consideration, each party shall at any time, and <br />from time to time, execute and deliver to any other party such <br />further documents, and take such other action, as any other party <br />may reasonably request in order to effectuate the purposes of this <br />All understandings and agreements heretofore had between the <br />parties are merged in this agreement and the related agreements <br />executed in conjunction with this agreement, all of which together <br />fully and completely express their agreement, and no <br />representations or warranties have been made by any party to <br />another party except as are herein expressly set forth or required <br />pursuant to this agreement and the related agreements executed in <br />conjunction with this agreement. <br />The headings in this agreement are for purposes of reference only <br />and shall not limit or otherwise affect any of the terms hereof. <br />This agreement shall be binding upon and shall inure to the <br />benefit of the parties hereto and their respective heirs, legal <br />representatives, successors and assigns. <br />Waiver by a party of a breach of any provision of this agreement <br />shall not operate as nor be construed as a waiver of any <br />subsequent breach thereof. <br />This agreement shall not be amended except by a writing executed <br />by all parties. <br />If any provision of this agreement is determined by a court of <br />competent jurisdiction to be illegal or unenforceable, such <br />provision shall be automatically reformed and construed as to be <br />valid, operative and enforceable to the maximum extent permitted <br />by law or equity while preserving its original intent. The <br />invalidity of any part of this agreement shall not render invalid <br />the remainder of this agreement. <br />The execution and delivery of this agreement and the performance <br />of the obligations hereunder have been duty authorized by all <br />requisite action required by law of each party. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have duly executed this <br />agreement pursuant to appropriate and lawful authority granted to them on the <br />date first written above. <br /> <br />ATTEST: <br />/s/ Kelly Dickinson <br />Clerk <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Clerk <br /> <br />ATTEST: <br />/s/ Brid~ette Bell <br /> Clerk <br /> <br />Rowan County Board of Commissioners <br />By: /s/ J. Newton Cohen <br /> <br />Chairman <br /> <br />Cabarrus County Board of Commissioners <br /> By: /s/ Sue B. Casper <br /> Chairman <br /> <br />City of Kannapolis <br />By: /s/ O. Ray Moss <br /> Mayor <br /> <br />Exhibit A <br /> <br />Bakers Creek Park Equipment Inventory <br /> <br />OFFICE <br /> 1 <br /> 1 <br /> 1 <br /> 1 <br /> 1 <br /> 2 <br /> 1 <br /> 1 <br /> 2 <br /> <br />Desk and 3 Office Chairs <br />Sharp FO-145 Fax <br />Casio TA-120 Answering Machine <br />Lenox Sound Model KB 330 Telephone <br />Canon MP 120 Adding Machine <br />Steel 2 Drawer File Cabinet <br />ATIT 4335 Cordless Phone <br />4 Drawer Steel File Cabinet <br />Flat Shovels <br /> <br /> <br />