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DRAFT <br /> 16 <br /> j. 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 Habitat of any of its obligations, agreements, or covenants hereunder, shall <br /> be a waiver of such affected term or condition or of such breach;nor shall any forbearance by the <br /> County to seek a remedy for any breach by Habitat be a waiver by the County of its rights and <br /> remedies with respect to that or any other breach. <br /> k. 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 Agreement <br /> shall be brought in courts sitting in North Carolina, with venue in Orange County. <br /> 1. 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 /> Habitat agree to substitute for such provision of this Agreement or the application thereof <br /> determined to be invalid or unenforceable, such other provision as most closely approximates, in <br /> a lawful manner, such invalid, illegal or unenforceable provision. If the County and Habitat <br /> cannot agree, they shall apply to a court of competent jurisdiction to substitute such provision as <br /> the court deems reasonable and judicially valid, legal and enforceable. Such provision <br /> determined by the court shall automatically be deemed part of this Agreement ab initio. <br /> M. Equal Opportunity. Habitat shall not discriminate against any employee or <br /> applicant for employment because of race, color, religion, sex, national origin, political <br /> affiliation or belief, age, handicap, or familial status in the implementation of this Project. <br /> Further, Habitat shall provide a Statement regarding the utilization of minority and women- <br /> owned businesses in the planning and development of the Project. This statement will be Exhibit <br /> C to this agreement. <br /> n. Headings. Headings are for convenience only and shall not be used to interpret or <br /> construe its provision. <br /> 0. 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 /> P. 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 /> 14 <br />