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d. The titles of the sections, subsections, and paragraphs set forth in <br />this Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of the provisions of this Agreement. <br />e. This Agreement and any additional or supplementary document or <br />documents incorporated herein by specific reference contain all the terms and <br />conditions agreed upon by the parties hereto, and no other agreements, oral or <br />otherwise, regarding the subject matter of this Agreement or any part thereof <br />shall have any validity or bind any of the parties hereto. <br />f. Neither party shall be liable hereunder by reason of any failure or <br />delay in the performance of its obligations hereunder on account of strikes, <br />shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of <br />God, war, governmental action, labor conditions, material shortages or any other <br />cause which is beyond the reasonable control of such party. <br />g. Each individual signing this Agreement certifies that (i) he or she is <br />authorized to sign this Agreement on behalf of his or her respective organization, <br />(ii) such organization has obtained all necessary approvals to enter into this <br />Agreement, including but not limited to the approval of its governing board, and <br />(iii) when executed, this Agreement is a valid and enforceable obligation of such <br />organization. <br />Contract performance: Consultant represents and agrees that Consultant is <br />qualified to perform and fully capable of performing and providing the services <br />required or necessary underthis Agreement in a fully competent, professional <br />and timely manner to the satisfaction of the Client. Consultant shall be <br />responsible for all errors or omissions, in the performance of the Agreement. <br />Consultant shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the County. <br />Licenses and Certifications: If activities related to the performance of this <br />Agreement require specific licenses, certifications, or related credentials <br />Consultant represents that it and/or its employees, agents and subcontractors <br />engaged in such activities possess such licenses, certifications, or credentials <br />and that such licenses certifications, or credentials are current, active, and not in <br />a state of suspension or revocation. <br />Governing Law: Both parties agree that this Agreement shall be governed by <br />the laws of the State of North Carolina. Should either party initiate litigation to <br />settle any dispute involving the terms of this Agreement such litigation shall be <br />initiated in the General Court of Justice of North Carolina seated in Orange <br />County, North Carolina. <br />IN WITNESS WHEREOF, the Client and the Consultant have executed this <br />Agreement as of the date first written below. <br />4 <br />