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W <br />5 <br />any act of the County or OCHC under this Agreement, shall be deemed or construed to <br />create any relationship of joint venture, partnership or agency between the parties. <br />j. Effect of Waiver or Forbearance. No failure by the County to insist <br />upon the strict performance of any term or condition of this Agreement, or to exercise <br />any right or remedy upon the breach by OCHC of any of its obligations, agreements, or <br />covenants hereunder, shall be a waiver of such affected term or condition or of such <br />breach; nor shall any forbearance by the County to seek a remedy for any breach by <br />OCHC be a waiver by the County of its rights and remedies with respect to that or any <br />other breach. <br />k. Governing Law. This Agreement shall be construed in accordance with <br />and governed by the laws of the State of North Carolina. Any litigation arising out of <br />this Agreement shall be brought in courts sitting in North Carolina, with venue in <br />Orange County. <br />I. Severability. The provisions of this Agreement are independent of and <br />separable from each other, and no provision shall be affected or rendered invalid or <br />unenforceable by the fact that for any reason any other provision may be invalid or <br />unenforceable in whole or in part. If any provision of this Agreement or the application <br />thereof to any person or circumstances shall, to any extent, be or become invalid or <br />unenforceable, the remainder of this Agreement, or the application of such provision to <br />persons or circumstances other than those as to which it is held invalid or <br />unenforceable, shall not be affected thereby, and each provision of this Agreement <br />shall be valid and be enforced to the fullest extent permitted by law. The County and <br />OCHC agree to substitute for such provision of this Agreement or the application <br />thereof determined to be invalid or unenforceable, such other provision as most closely <br />approximates, in a lawful manner, such invalid, illegal or unenforceable provision. If <br />the County and OCHC cannot agree, they shall apply to a court of competent <br />jurisdiction to substitute such provision as the court deems reasonable and judicially <br />valid, legal and enforceable. Such provision determined by the court shall <br />automatically be deemed part of this Agreement ab initio. <br />M. Equal Opportunity. OCHC shall not discriminate against any employee <br />or applicant for employment because of race, color, religion, sex, national origin, <br />political affiliation or belief, age, or handicap. <br />n. Headings. Headings are for convenience only and shall not be used to <br />interpret or construe its provision. <br />o. Gender; Singular and Plural. As used herein, the neuter gender <br />includes the feminine and masculine. The masculine includes the feminine and neuter, <br />and the feminine includes the masculine and neuter and each includes a corporation, <br />partnership or other legal entity when the context so requires. The singular number <br />includes the plural and vice versa, whenever the context so requires. <br />