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8 <br />10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way <br />affect the validity of any other provision. <br />10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement <br />incorporates and includes all prior negotiations, agreements or understandings applicable to the <br />matters contained herein and the parties agree that there are no commitments, agreements or <br />understandings concerning the subject matter of this Agreement that are not contained in this <br />document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated <br />upon any prior representations of agreements, whether oral or written. <br />10.5. MODIFICATION: It is further agreed that no modifications, amendments or <br />alterations in the terms or conditions contained herein shall be effective unless contained in a <br />written document executed with the same formality and of equal dignity herewith. This section <br />shall not apply to the Orange County Fee Schedule attached hereto as Exhibit A. <br />10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or Legal disputes <br />arising out of this transaction and any action involving the enforcement or interpretation of any <br />rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North <br />Carolina, seated at Orange County, North Carolina, and shall be governed by the laws of the <br />State of North Carolina. To encourage prompt and equitable resolution of any litigation that may <br />arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such <br />litigation and will submit to bench trial. <br />I0.'1. DRAFTING: This 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 preparation of this <br />Agreement. <br />10.8. RECORDING: This Agreemeirt may be recorded in the public records of Orange <br />County, in accordance with the North Carolina General Statutes. <br />IN WITNESS WHEREOF, the parties hereto have made and executed this Interloeal Agreement <br />Between Orange County and Town of Hillsborough for selected Services to be Performed by the <br />Orange County Planning and Inspections Department, Building Division on the respective dates <br />under each signature: Orange County through its Board of County Commissioners, signing by <br />and through its Chair or Vice Chair, authorized to execute same by Board action on the <br />of (sate) and the Town, signing by and through its <br />,authorized to execute same by Commission action on the <br />day of (date). <br />Orange County, North Carolina <br />By: <br />Bernadette Pelissier, Chair, Board of Commissioners <br />ATTEST: <br />Donna S. Baker, Clerk to the Board <br />