Laserfiche WebLink
437 <br /> <br />made any recommendation, given any advice or taken any other action <br />with respect to (i) the choice of any supplier, vendor or designer <br />of, or any other contractor with respect to, the Project or any <br />component thereof or any property or rights relating thereto, or <br />(ii) any action taken or to be taken with respect to the Project <br />thereto at any stage of the construction thereof, (c) has not at <br />any time had physical possession of the Project or any component <br />part thereof or made any inspection thereof or any property or <br />rights relating thereto, and (d) has not made any warranty or other <br />representation, express or implied, that the Project or any <br />component part thereof or any property or rights relating thereto <br />(i) will not result in or cause injury or damage to persons or <br />property, (ii) has been or will be properly designed or constructed <br />or will accomplish the results which the Board intends therefor, or <br />(iii) is safe in any manner or respect. <br /> The County makes no express or implied warranty or <br />representation of any kind whatsoever with respect to the Project or <br />any component part thereof to the Board or any other circumstance <br />whatsoever with respect thereto, including but not limited to any <br />warranty or representation with respect to: the merchantability or <br />the fitness or suitability thereof for any purpose; the design or <br />condition thereof; the safety, workmanship, quality or capacity <br />thereof; compliance thereof with the requirements of any law, rule <br />specification or contract pertaining thereto; any latent defect; the <br />ability thereof to perform any function; that the funds advanced by <br />the Bank pursuant to the Installment Agreement will be sufficient <br />(together with other available funds of the Board) to pay the cost <br />of constructing the Project; or any other characteristic of the <br />Project; it being agreed that all risks relating to the Project, the <br />completion thereof or the transactions contemplated hereby or by the <br />Installment Agreement are to be borne by the Board, and the benefits <br />of any and all implied warranties and representations of the County <br />are hereby waived by the Board. <br /> SECTION IX. Agreement to Survive Termination of Installment <br />Agreement. <br /> Notwithstanding anything to the contrary contained herein, the <br />obligations undertaken by the Board hereunder shall survive the <br />termination of the Installment Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed and <br />attested this Agency Agreement by their officers thereunto duly <br />authorized as of the day and year first written above. <br /> <br />CABARRUS COUNTY BOARD OF EDUCATION <br />By: <br /> <br />ATTEST: Chairperson <br /> <br />Secretary <br />(SEAL) <br /> <br />ATTEST: <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />By: <br /> <br />Chairperson <br />Board of Commissioners <br /> <br />Clerk <br />Board of Commissioners <br />(SEAL) <br />Approved as to Form. <br /> <br />County Attorney <br /> <br />This instrument has been pre- <br />audited in the manner required by <br />the Local Government Budget and <br />Fiscal Control Act. <br /> <br />Finance Director <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Chairman Barnhart with <br />Commissioners Fennel, Casper and Olio-Mills and Chairman Barnhart voting for, the <br />Board accepted the low bid from First Union National Bank with an interest rate <br />of 4.71 percent for ten (10) years for the financing of the construction of the <br />Westside Elementary School. <br /> <br /> <br />