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purpose; (b) the design or condition; (c) the safety, workmanship, quality or capacity (d) <br />compliance with the requirements of any law, rule, specification or contract appertaining; (e) any <br />latent defect; (f) the ability to perform any function; (g) that the funds advanced pursuant to the <br />Installment Agreement will be sufficient (together with other available finds of the Board) to pay <br />the cost of constructing the Project; (h) or any other characteristic of the Project. It is agreed that <br />all risks relating to the Project or its completion or the transactions contemplated in this Agency <br />Agreement or by the Installment Agreement are to be borne by the Board, and the benefits of any <br />and all implied warranties and representations of the County are hereby waived by the Board. <br />IN WITNESS, the parties have executed this Agency Agreement through their duly <br />authorized officers as of the day and year first written above. <br />ATTEST: <br />Secretary <br />(SEAL) <br />CABARRUS COUNTY BOARD OF EDUCATION <br />LM <br />Chair <br />Board of Education <br />This instrument has been preaudited in the manner required by <br />the School Budget and Fiscal Control Act. <br />Finance Director <br />Page 52 <br />