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k. Effect of Waiver or Forbearance. No failure by the County to insist upon the <br />strict performance of any term or condition of this Agreement, or to exercise any right or remedy <br />upon the breach by Affordable Rentals, Inc. of any of its obligations, agreements, or covenants <br />hereunder, shall be a waiver of such affected term or condition or of such breach; nor shall any <br />forbearance by the County to seek a remedy for any breach by Affordable Rentals, Inc. be a <br />waiver by the County of its rights and remedies with respect to that or any other breach. <br />1. Governing Law. This Agreement shall be construed in accordance with and <br />governed by the laws of the State of North Carolina, Any litigation arising out of this <br />Agreement shall be brought in courts sitting in North Carolina, with venue in Orange County. <br />m. Severability. The provisions of this Agreement are independent of and separable <br />from each other, and no provision shall be affected or rendered invalid or unenforceable by the <br />fact that for any reason any other provision may be invalid or unenforceable in whole or in part. <br />If any provision of this Agreement or the application thereof to any person or circumstances <br />shall, to any extent, be or become invalid or unenforceable, the remainder of this Agreement, or <br />the application of such provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable, shall not be affected thereby, and each provision of this <br />Agreement shall be valid and be enforced to the fullest extent permitted by law. The County and <br />Affordable Rentals, Inc. agree to substitute for such provision of this Agreement or the <br />application thereof determined to be invalid or unenforceable, such other provision as most <br />closely approximates, in a lawful manner, such invalid, illegal or unenforceable provision. If the <br />County and Affordable Rentals, Inc. cannot agree, they shall apply to a court of competent <br />jurisdiction to substitute such provision as the court deems reasonable and judicially valid, legal <br />and enforceable. Such provision determined by the court shall automatically be deemed part of <br />this Agreement ab initio. <br />n. Equal Opportunity. Affordable Rentals, Inc. shall not discriminate against any <br />employee or applicant for employment because of race, color, religion, sex, national origin, <br />political affiliation or belief, age, handicap, or familial status in the implementation of the <br />Project. <br />o. Headings. Headings are for convenience only and shall not be used to interpret or <br />construe its provision. <br />p. Gender; Singular and Plural. As used herein, the neuter gender includes the <br />feminine and masculine. The masculine includes the feminine and neuter, and the feminine <br />includes the masculine and neuter and each includes a corporation, partnership or other legal <br />entity when the context so requires. The singular number includes the plural and vice versa, <br />whenever the context so requires. <br />q. Recording. The parties hereto agree that upon notice to the other and at its own <br />cost and expense, a party may record this Agreement in the Office of Register of Deeds for <br />Orange County. <br />7 <br />