Orange County NC Website
Browse       Search
9.4.1 The payment of any sums by the County under this Agreement or the failure of <br />the County to require compliance by the Consultant with any provisions of this <br />Agreement or the waiver by the County of any breach of this Agreement shall not <br />constitute a waiver of any claim for damages by the County for any breach of this <br />Agreement or a waiver of any other required compliance with this Agreement. <br />ARTICLE 10 ADDITIONAL PROVISIONS <br />10.1 Relationsh~ of Parties <br />10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor <br />any employee of the Consultant shall be deemed an officer, employee or agent of <br />the County. Consultant's personnel shall not be employees of, or have any <br />contractual relationship with the County. <br />10.2 Limitation and Assignment <br />10.2.1 The County and the Consultant each bind themselves, their successors, assigns <br />and legal representatives to the terms of this Agreement. Neither the County nor <br />the Consultant shall assign or transfer its interest in this Agreement without the <br />written consent of the other. <br />10.3 Governing Law <br />10.3.1 This Agreement and the duties, responsibilities, obligations and rights of <br />respective parties hereunder shall be governed by the laws of the State of North <br />Carolina. <br />10.4 Dispute Resolution <br />10.4.1 Any and all suits or actions to enforce, interpret or seek damages with respect to <br />any provision of, or the performance or non-performance of, this Agreement shall <br />be brought in the General Court of Justice of North Carolina sitting in Orange <br />County, North Carolina and it is agreed by the parties that no other court shall <br />have jurisdiction or venue with respect to such suits or actions. The Parties may <br />agree to nonbinding mediation of any dispute prior to the bringing of such suit or <br />action. <br />10.5 Extent of Agreement <br />10.5.1 This Agreement represents the entire and integrated agreement between the <br />County and the Consultant and supersedes all prior negotiations, representations <br />or agreements, either written or oral. This Agreement may be amended only by <br />written instrument signed by both parties. Modifications may be evidenced by <br />facsimile signatures. <br />10.6 Severability <br />5 <br />