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461 <br /> <br />6. Warranties; Liability <br /> CONTRACTOR makes no warranties, express or implied, as to any matter <br /> whatsoever including, without limitation, the condition of the work or any <br /> product or deliverable, tangible or intangible, developed under this <br /> Agreement, or the ownership or fitness for a particular purpose of any <br /> such product or deliverable. CONTRACTOR shall not be liable for any <br /> direct, consequential, or other damages suffered by SPONSOR or by any <br /> third party resulting from the use of the work produced by CONTRACTOR <br /> under this Agreement. <br />7. Entire Agreement <br /> This agreement constitutes the entire understanding between the parties. <br /> No other terms and conditions, be they consistent, inconsistent, or <br /> additional to those contained herein, shall be binding upon CONTRACTOR, <br /> unless and until such terms and conditions have been specifically accepted <br /> in writing by the both parties. <br />IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed <br />by these duly authorized officers this day and year first above written. <br /> <br />THE UNIVERSITY OF NORTH CAROLINA <br /> AT CHARLOTTE <br />By: /s/ O, B, Smith <br /> Olen B. Smth <br />Title: Associate Vice Chancellor <br /> <br />For Finance and Planning <br /> <br />SPONSOR <br />County of Cabarrus <br /> By: /s/ James W. Lentz <br /> <br />Title: Chairman, Board of Commissioners <br /> <br />Date: 7-13-90 Date: 7-23-90 <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and <br />unanimously carried, the Board accepted the following terms and conditions for <br />the $50,000.00 grant from the Cannon Foundation, Inc. for the construction of <br />the Cabarrus County Senior Center. The Board authorized Chairman Lentz to <br />execute the acceptance of the grant and its terms and conditions. <br /> <br />Grant in the amount of $50,000.00 for the Construction of Cabarrus County <br />Senior Center: <br /> <br />Applicant agrees to expend the funds from this grant only for the purposes <br />stated above and in accordance with Section 501(c)(3), Section 4945 and <br />other applicable provisions of the Internal Revenue Code. <br />Directors of The Cannon Foundation, Inc. may monitor and conduct an <br />evaluation of operations under this grant, including full and complete <br />access to your files and financial records relating to the grant or your <br />tax status, upon a reasonably timely request therefor. <br />We require notification of any change in your Federal tax status before <br />or during the period the grant funds are being spent. <br />It is understood that grant payments which are yet to be made by the <br />Foundation may be discontinued, modified, or withheld if, in our sole <br />judgment, such action is necessary to comply with the requirements of the <br />law. <br />Periodic reports should be submitted on the progress of the project or <br />program with a final accounting when all of the funds provided have been <br />expended, including an evaluation report of what the grant funds <br />accomplished. <br />Any portion of the grant funds not used in accordance with the terms <br />hereof, will be repaid to The Cannon Foundation, Inc. No funds from this <br />grant will be used to carry on propaganda, or otherwise to attempt to <br />influence legislation, to influence the outcome of any specific public <br />election or to carry on directly or indirectly any voter registration <br />drive. <br />The acceptance of the grant and the terms and conditions of the grant is <br />signed by an authorized officer of the organization. <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and <br />unanimously carried, the Board authorized Chairman Lentz to execute the <br />following Appendix B Certified Statement for Fiscal Year 1990-1991 for the <br />Elderly and Handicapped Transportation Assistance Program. <br /> <br /> Appendix B <br /> Certified Statement <br />Pursuant to G.S. 136-44.27, the North Carolina Elderly and Handicapped <br />Transportation Assistance Program, this is to certify that the undersigned is <br /> <br /> <br />