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268 <br /> <br />thereof or the transactions contemplated hereby or by the Installment Agreement <br />are to be borne by the Board, and the benefits of any and all implied warranties <br />and representations of the County are hereby waived by the Board. <br />SECTION IX. Agreement to Survive Termination of Installment Agreement. <br />Notwithstanding anything to the contrary contained herein, the obligations <br />undertaken by the Board hereunder shall survive' the termination of the <br />Installment Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed and attested this <br />Agency Agreement by their officers thereunto duly authorized as of the day and <br />year first written above. <br /> <br />(SEAL) <br />ATTEST: <br /> <br />KANNAPOLIS BOARD <br />OF EDUCATION <br />By: <br /> <br />Chairman <br /> <br />Secretary <br /> <br />(SEAL) <br />ATTEST: <br /> <br />COUNTY OF CABARRUS, NORTH CAROLINA <br />By: <br /> <br />Chairman of the Board <br />of Commissioners <br /> <br />Clerk to the Board of Commissioners <br /> <br />Approved as to form: <br /> <br />County Attorney <br /> <br />Executive Session <br /> <br /> Motion was made by Chairman Carpenter and seconded by Commissioner Casper <br />to go into executive session for consultation with attorneys regarding pending <br />litigation and to discuss a personnel matter. <br /> <br /> The amended motion by Commissioner Barnhart and seconded by Commissioner <br />Fennel to invite Mr. Terry Rowland, Tax Administrator, to sit in on the executive <br />session for consultation with attorneys regarding pending litigation and to <br />discuss a personnel matter failed with Commissioners Barnhart and Fennel voting <br />for and Commissioners Payne and Casper and Chairman Carpenter voting against. <br /> <br /> UPON MOTION of Chairman Carpenter, seconded by Commissioner Casper and <br />unanimously carried, the Board moved to go into executive session for <br />consultation with attorneys regarding pending litigation and to discuss a <br />personnel matter. Attorneys Charles Meeker and David Terry joined the Board in <br />executive session. <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Casper and <br />unanimously carried, the executive session was adjourned. <br /> <br />No action was reported from the executive session. <br /> <br />Adjournment <br /> <br /> There being no further business to come before the Board, the meeting was <br />adjourned at 9:15 P.M. <br /> <br />Clerk to the Board <br /> <br /> <br />