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or resulting from the performance of this contract or the actions of TMA or its officials, <br />employees, or contractors under this Contract or under the Contracts entered into by TMA in <br />connection with this contract. This indemnification shall survive the termination of this <br />Agreement. <br />6. NON-DISCRIMINATION: TMA shall not discriminate against any person on the grounds of <br />race, color, religion, national origin, sex, age or disability in the administration of this contract. <br />Nor shall any person be excluded from participation in, or be denied the benefits of this <br />contract on the grounds of race, color, religion, national origin, sex, age or disability. <br />7. LAW CONTROLLING: The laws of the state of North Carolina shall control and govern this <br />contract. <br />8. NON-ASSIGNMENT: This Agreement is not assignable by either party, by operation of law <br />or otherwise. <br />9. MODIFICATION: This contract may be modified only by a written agreement executed by <br />both parties hereto. <br />10 ENTIRE AGREEMENT: This contract constitutes the entire agreement of the parties and no <br />other agreement or modification to this contract, expressed or implied, shall be binding on <br />either party unless same shall be in writing and signed by both parties. This Agreement may <br />not be orally modified. Any modifications must be in writing, expressly titled a modification <br />or addendum to this contract, attached to this contract, and signed by both parties. <br />11. SEVERABILITY: Should any provision, portion, or application thereof of this Agreement be <br />determined by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with <br />any applicable law or constitutional provision, the Parties shall negotiate an equitable <br />adjustment in the affected provisions of this Agreement with a view toward effecting the <br />purpose of this Agreement, and the validity and enforceability of the remaining provisions, <br />portions, or applications thereof, shall not be impaired. <br />12. HEADINGS: The subject headings of the paragraphs are included for purposes of <br />convenience only and shall not affect the construction or interpretation of any of its provisions. <br />This Agreement shall be deemed to have been drafted by both parties, and no purposes of <br />interpretation shall be made to the contrary. <br />13. NOTICES: Any notices to be given or submitted by either party to the other pursuant to this <br />Agreement shall be made in writing and sent by first class mail, postage paid or by hand <br />delivery to: <br />COUNTY: CONSULTANT: <br />ORANGE COUNTY TAX MANAGEMENT ASSOCIATES, INC. <br />228 South Churton St. 2225 Coronation Blvd. <br />Suite 200 <br />Hillsborough, NC 27278 Charlotte, NC 28227 <br />ATTN: John Smith ATTN: Richard H. Cooke, Sr. <br />4 <br />