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SECTION 4.3 Headings. The headings appearing in this Interlocal Agreement are <br />inserted only as a matter of convenience and in no way define, limit, construe or describe the <br />scope or intent of any article, section or paragraph of this Interlocal Agreement. <br />SECTION 4.4 Counterparts. This Interlocal Agreement may be executed in one or <br />more counterparts, each of which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. The signature of any party to any counterpart may be <br />appended to any other counterpart. <br />SECTION 4.5 Modification. (a) No change or modification of, or waiver under, this <br />Interlocal Agreement shall be valid unless it is in writing and signed by duly authorized <br />representatives of the City and the County. <br />(b) In addition to other matters addressed hereunder, the City agrees not to increase <br />the size of the MSD without the prior written consent of the County. <br />SECTION4.6 Time is of the Essence. Time is of the essence in this Interlocal <br />Agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to <br />be duly executed and delivered as of the day and year first above written. <br />CITY OF KANNAPOLIS, NORTH CAROLINA <br />City Manager <br />City Clerk <br />[SEAL] <br />This instrument has been preaudited in the manner required by the Local Government Budget <br />and Fiscal Control Act. <br />Finance Officer <br />City of Kannapolis, North Carolina <br />[SIGNATURE PAGE TO THE INTERLOCAL AGREEMENT BETWEEN <br />CITY OF KANNAPOLIS, NORTH CAROLINA AND COUNTY OF CABARRUS, NORTH CAROLINA] <br />[SIGNATURES CONTINUED ON THE FOLLOWING PAGE] <br />PPAB 3705461x3 7 Attachment number 5 \n <br />G-2 Page 165 <br />