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° ~r ~ 3.0 9 <br />TO TOWN: <br />Hillsborough, N.C. 27278 <br />Eric Peterson <br />Hillsborough Town Manager <br />135 N. Churton Street <br />Hillsborough, N.C. 27278 <br />Cc/ Demetric Potts, Assistant Town Manager <br />ARTICLE 8 - MICELLANEOUS PROVISIONS <br />8.1 The parties agree that the remedy of specific performance would be an appropriate <br />remedy, among others, for the enforcement of this Interlocal Agreement. <br />8.2 Neither parry shall have the right to assign this Interlocal Agreement without the <br />advance written permission of the other party. <br />8.3 The waiver by either party of any failure on the part of the other party to perform in <br />accordance with any of the terms or conditions of this Interlocal Agreement shall not <br />be construed as a waiver of any future or continuing similar or dissimilar failure. <br />8.4 The invalidity of any provision of this Interlocal Agreement shall in no way affect the <br />validity of any other provision. <br />8.5 It is understood and agreed that this Interlocal Agreement incorporates and includes <br />all prior negotiations, agreements or understandings applicable to the matters <br />contained herein, and the parties agree that there are no commitments, agreements or <br />understandings concerning the subject matter of this Interlocal Agreement that are not <br />contained in this document. Accordingly, it is agreed that no deviation from the terms <br />hereof shall be predicated upon any prior representations or agreements, whether oral <br />or written. <br />8.6 It is further agreed that no modifications, amendments or alterations in the terms or <br />conditions contained herein shall be effective unless contained in a written document <br />executed with the same formality and of equal dignity herewith. <br />8.7 Any controversies or legal problems arising out of this transaction and any action <br />involving the enforcement or interpretation of any rights hereunder shall be submitted <br />to the jurisdiction of the State courts of the State of North Carolina, the venue situs, <br />and shall be governed by the laws of the State of North Carolina. To encourage <br />prompt and equitable resolution of any litigation that may arise hereunder, each party <br />hereby waives any rights it may have to a trial by jury of any such litigation. <br />8.8 This Interlocal Agreement has been negotiated and drafted by all parties hereto and <br />shall not be more strictly construed against any party because of such party's <br />preparation of this Interlocal Agreement. <br />Page9of13 <br />lsg:orangecounty\030906 Draft Phase II Agreement to Town.doc <br />