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55 <br /> <br />The County: <br /> <br />P&S: <br /> <br />Concord, North Carolina 28025 <br />Attn: City Manager <br />Telefacsimile No.: (704) 786-7068 <br />Cabarrus County Governmental Center <br />Post Office Box 707 <br />Concord, North Carolina 28026-0707 <br />Attention: County Manager <br />Facsimile No. (704) 788-8058 <br />4515 Enterprise Drive NW <br />Concord, NC 28026 <br />Attention: Plant Manager <br />Facsimile No. (704) 784-3495 <br /> <br />The City and County or P&S may, be (sic) notice given to the other, designate <br />any further or different addresses to which notices, certificates, requests <br />or other communications shall be sent. <br /> 4.2 Bindin~ Effect. This agreement shall inure to the benefit of and is <br />binding upon the city and the County and P&S and their respective successors <br />and assigns. <br /> 4.3 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 /> 4.4 Severabilitv. 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 /> 4.5 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 (1) such fully-executed counterpart. <br /> 4.6 Qov~rning Law. This Agreement is governed by and shall be <br />construed in accordance with the laws of the State of North Carolina. <br /> 4.7 Captions. The captions or heading used throughout this Agreement <br />are for convenience only and in no way define, limit, or describe the scope <br />or intent of any provision of this Agreement. <br /> 4.8 Confidentiality. P&S, the City and County acknowledge that certain <br />Exhibits to this Agreement, and/or other information provided by P&S pursuant <br />to this Agreement, may contain P&S trade secrets. Accordingly, to the extent <br />permitted by law, such information will be maintained in confidence by the <br />City and the County, unless its release is consented to in writing by P&S. <br /> 4.9 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 <br />construction 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 /> Pass & Seymour <br />Attest: By: /s/ J. N. Pilon <br />/s/ Patricia M. McLain Plant Manager <br /> My Commission Expires 3/11/2003 <br /> <br />Attest: <br />/~/ Fr~ki~ F, Bon~ <br /> <br />Cabarrus County <br />By:/~/ Sue B, Ca~per <br /> Chairman, Cabarrus County <br /> Board of Commissioners <br /> <br />This instrument has been preaudited in the manner required by the Local <br />Government Budget and Fiscal Control Act. <br /> /s/ Blair D. Bennett <br /> Finance Director <br /> Cabarrus County <br /> <br /> City of Concord <br />By: <br /> <br />Attest: Mayor <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 /> City of Concord <br /> <br />EXHIBIT A <br /> <br />Pass & Seymour/Legrand <br /> <br /> <br />