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f <br /> 11. FBA shall maintain Professional Liability insurance for administration of the Plan within limits <br /> of liability up to nine million dollars covering the errors and omissions of FBA, its employees, <br /> agents, servants, and associates. <br /> 12. Miscellaneous. This Agreement constitutes the complete agreement of the parties regarding <br /> its subject matter and replaces and supersedes any prior written or oral agreement between <br /> the parties regarding its subject matter. No representations or warranties have been <br /> provided by any party to this Agreement to be governed by and constructed in accordance <br /> with the laws of the State of North Carolina. This Agreement may not be modified or <br /> amended except by means of a writing clearly identifying itself as a modification or <br /> amendment of this Agreement and which is signed by all parties to this Agreement. The <br /> Agreement is executed in multiple counterparts, each of which shall constitute an original, but <br /> all of which together comprise but a single Agreement. The captions of this Agreement and <br /> its paragraphs and subparagraphs are for the convenience of the parties only and shall not <br /> be taken into account in the construction and interpretation of this Agreement. All parties <br /> hereby acknowledge that they have read this Agreement in its entirety and have,to the extent <br /> which they deemed necessary, consulted with counsel before executing this Agreement. <br /> This Agreement is binding upon and shall inure to the benefit of heirs, executors, successors, <br /> and assigns of the parties hereto. This Agreement and the rights, privileges, and <br /> responsibilities of the parties hereto may not be assigned by any party hereto. All personal <br /> pronouns used in this Agreement,whether used in the masculine,feminine,or neuter gender, <br /> shall include all other genders, the singular may include plural, and vice versa as the context <br /> may require. The terms of this Agreement can be severed: should any portion of this <br /> Agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the <br /> validity or enforceability of the remainder of this Agreement and this Agreement shall be <br /> construed and interpreted as though such invalid or unenforceable provision was not <br /> contained herein. This Agreement is performable in the State of North Carolina. <br /> 13. Any notice required by this Agreement shall be in writing and delivered by certified or <br /> registered mail, return receipt requested to the following: <br /> Orange County Flexible Benefit Administrators, Inc. <br /> Attention: Human Resources Director Attention: G.L. "Lanny Browning", III <br /> P.O. Box 8181 P.O. Drawer 2070 <br /> Hillsborough, NC 27278 Virginia Beach,VA 23450 <br /> Notice shall be deemed duly served upon its deposit in a repository of the United States <br /> Postal Service according to the requirements of this section. <br /> The parties of this Agreement consent and agree to all of the provisions and by their signature cause this <br /> Agreement to become effective on the date above noted. <br /> SIGNATURE PAGE TO FOLLOW <br /> 3 <br />