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2009-110 Housing - XDS, Inc. - Rehab Program Agreement
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2009-110 Housing - XDS, Inc. - Rehab Program Agreement
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Last modified
4/30/2010 3:17:57 PM
Creation date
4/30/2010 3:16:36 PM
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BOCC
Date
6/2/2009
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
6b
Document Relationships
Agenda - 06-02-2009 - 6b
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 06-02-2009
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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 />s. Gender; Singular and Plural. As used herein, the neuter gender includes the <br />feminine and masculine. The masculine includes the feminine and neuter, and the feminine <br />includes the masculine and neuter and each includes a corporation, partnership or other legal <br />entity when the context so requires. The singular number includes the plural and vice versa, <br />whenever the context so requires. <br />t. Recording. The parties hereto agree that upon notice to the other and at its own <br />cost and expense, a party may record this Agreement in the Office of Register of Deeds for <br />Orange County. <br />u. Compliance with Laws. To the extent applicable, each party hereto agrees to <br />comply with all laws, ordinances and regulations affecting the Property from and after the date <br />hereof. Without limiting the generality of the foregoing, The Owner shall comply with all <br />federal, state and local laws, regulations and ordinances applicable to the expenditure of funds <br />provided by the County, to purchase and develop the Property. <br />v. Publicity; Signage. The Owner agrees to provide such publicity with respect to <br />the County's participation in the development of the Property as the County shall reasonably <br />require. Any signage at the Property shall acknowledge the County's role and contribution. <br />
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