2004 S Revenue- Town of Chapel Hill Billing & Collection of Fees for Proposed Chapel Hill Stormwater Utility

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ARTICLE 6 -MISCELLANEOUS PROVISIONS 6.1 ASSIGNMENT: The COUNTY shall perform the selected Services provided for in this Agreement exclusively and solely for the TOWN which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 6.2 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 6.3 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 6.4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations of agreements, whether oral or written. 6.5 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein, excluding fee schedule, shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.6 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina, with venue in Orange County, and shall be governed by the laws of the State of North Carolina. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 6.7 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement.