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~uli , t0 P ~ ,r <br />ny pp H ~~V~y'J <br />4. Failure to pay to the County the sum of $63,884.22 within the time <br />allowed by law authorizes the Tax Administrator to seek to collect said taxes utilizing <br />any or all of the procedures allowed by law. <br />5. This settlement is made by the desire of the litigants wanting to buy their <br />peace and put this matter behind them. Accordingly, the positions taken by the parties <br />with respect to the issues raised in this dispute are not precedent which may be used for <br />or against either of them, nor shall it constitute an estoppel or waiver of the right to <br />challenge said issues by either of the parties if they emerge in another tax year(s) other <br />than 1992-1996. <br />6. Taxpayer is to withdraw its appeal to the N.C. Court of Appeals <br />concerning these matters and County acknowledges receipt of an order from that court <br />stating that the appeal has been withdrawn. <br />7. No promise or agreement other than those recited above has made a <br />consideration for the releases and discharges affected by this agreement and County and <br />City give these releases and discharges for the sole consideration recited above. <br />8. This Settlement Agreement constitutes the entire agreement of the parties. <br />All prior understandings, representations and agreements are merged in this agreement, <br />and this Settlement Agreement shall not be modified by any manner, except by written <br />instrument signed by both parties. <br />9. The parties attest that this Settlement Agreement is voluntarily made after <br />ample opportunity to review the document with any individuals, advisors and counsel so <br />desired. <br />10. This Settlement Agreement shall be governed and interpreted by the laws <br />of the State of North Carolina. <br />11. The City joins in the execution of this Settlement Agreement to ratify the <br />actions taken by the County in the settlement of this dispute and to signify its willingness <br />to be bound by the terms of this agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused this document to be <br />executed by its officers by authority of their respective governing bodies, the day and <br />year first above written. <br />AMISUB OF NORTH CAROLINA, INC. <br />DB/A CENTRAL CAROLINA <br />HOSPITAL <br />By: <br />ATTEST: <br />President <br />Secretary Page 3 of 5 <br />