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AG 2007 06 18
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AG 2007 06 18
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Last modified
9/26/2007 2:40:23 PM
Creation date
11/27/2017 11:30:53 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/26/2007
Board
Board of Commissioners
Meeting Type
Regular
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proceeding on EDC, or if EDC shall file a petition in bankruptcy or for <br />reorganization or to effect a plan or other arrangement with creditors, or be <br />adjudicated bankrupt or make an assignment for the benefit of creditors, or be <br />dissolved or liquidated, or shall admit in writing its inability to pay its debts <br />generally as they become due, or a receiver, trustee or liquidator of EDC or of <br />all or substantially all of the properry of EDC is appointed in any proceeding <br />brought by EDC, or if any such receiver, trustee, or liquidator is appointed in <br />any proceeding against EDC, and any such receiver, trustee or liquidator is not <br />discharged within sixty (60) days after service of such appointment on EDC, <br />this agreement, at the sole option of County, shall be null and void. <br />I. Severability. In the event that any provision herein shall be deemed invalid or <br />unenforceable, the other provisions hereof shall remain in full force and <br />effect, and binding upon the parties hereto. <br />J. Survival. All obligations arising prior to the termination of this Agreement and <br />all provisions of this Agreement allocating responsibility or liability bctween <br />the County and the EDC shall survive the complerion of the services and the <br />termination of this Agreement. <br />K. Gaverning Law. This Agreement shall be governed in all respects by the laws of <br />the State of North Carolina. All suits at law or in equity for any breach of the <br />agreement or for deFault in payment shall be instituted and maintained in any <br />court of competent jurisdiction in Cabarrus County, North Carolina. <br />L. Assignment. No assignment of this Agreement or any of the rights, benefits <br />and/or duties under this Agreement is permitted except by the written <br />Agreement approved by both the Cabarrus County Board of Commissioners <br />and the Board of Directors of the EDC. <br />M. Entire Agreement. This Agreement represents the entire understanding and <br />agreement between the parties hereto relating to the services, except <br />modifications and clarificarions noted in the Attachment, and supersedes any <br />and all prior agreements whether written or oral that may exist between the <br />parties regarding it. This Agreement shall not be assigned by either the EDC <br />or the County without the other's permission. <br />No subsequent amendment or modification to this Agreement or any waiver of any provisions <br />hereof shall be effective unless in writing and signed by both parties. <br /><~ahxrru. l-oum~ I 1.'.aU% - Pxi:< 1 u <br />~-i a <br />
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