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approved subcontractor to agree, as to the portion subcontracted, to comply with all applicable <br />federal, state, and local laws, rules, ordinances, and regulations at all times and in the <br />performance of the work and to comply with all applicable obligations of The Owner specified in <br />this contract. Notwithstanding County's approval of a subcontractor, The Owner shall remain <br />obligated for full performance of this contract and County shall incur no obligation to any <br />subcontractor The Owner shall indemnify, defend, and hold County harmless from all claims of <br />its contractors. <br />m. No Joint Venture or Agency. The County and The Owner each agree and <br />acknowledge that nothing contained herein or otherwise, including, without limitation, any act of <br />the County or The Owner under this Agreement, shall be deemed or construed to create any <br />relationship of joint venture, partnership or agency between the parties. <br />n. Effect of Waiver or Forbearance. No failure by the County to insist upon the <br />strict performance of any term or condition of this Agreement, or to exercise any right or remedy <br />upon the breach by The Owner of any of its obligations, agreements, or covenants hereunder, <br />shall be a waiver of such affected term or condition or of such breach; nor shall any forbearance <br />by the County to seek a remedy for any breach by The Owner be a waiver by the County of its <br />rights and remedies with respect to that or any other breach. <br />o. Governing Law. This Agreement shall be construed in accordance with and <br />governed by the laws of the State of North Carolina. Any litigation arising out of this Agreement <br />shall be brought in courts sitting in North Carolina, with venue in Orange County. <br />p. Severability. The provisions of this Agreement are independent of and separable <br />from each other, and no provision shall be affected or rendered invalid or unenforceable by the <br />fact that for any reason any other provision may be invalid or unenforceable in whole or in part. <br />If any provision of this Agreement or the application thereof to any person or circumstances <br />shall, to any extent, be or become invalid or unenforceable, the remainder of this Agreement, or <br />the application of such provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable, shall not be affected thereby, and each provision of this <br />Agreement shall be valid and be enforced to the fullest extent permitted by law. The County and <br />The Owner agree to substitute for such provision of this Agreement or the application thereof <br />determined to be invalid or unenforceable, such other provision as most closely approximates, in <br />a lawful manner, such invalid, illegal or unenforceable provision. If the County and The Owner <br />cannot agree, they shall apply to a court of competent jurisdiction to substitute such provision as <br />the court deems reasonable and judicially valid, legal and enforceable. Such provision <br />determined by the court shall automatically be deemed part of this Agreement ab initio. <br />q. Equal Opportunity. The Owner shall not discriminate against any employee or <br />applicant for employment because of race, color, religion, sex, national origin, political <br />affiliation or belief, age, handicap, or familial status in the implementation of the Project. <br />r. Headings. Headings are for convenience only and shall not be used to interpret or <br />construe its provision. <br />