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action taken by the User,PFAP may, in its sole discretion,terminate this Agreement. This <br /> Agreement may also be terminated as provided in Section 3 of this Agreement. <br /> c. User Property. Upon termination, User shall remove all of User's property from the Facility. <br /> If User's property is not promptly removed,PFAP may enter,take possession of and remove <br /> User's property. User shall be liable to PFAP for a reasonable storage cost for any property <br /> removed in this way. <br /> 8. MISCELLANEOUS PROVISIONS. <br /> a. Jurisdiction and Venue.Any disputes regarding this Agreement shall be resolved in the <br /> courts of Orange County,North Carolina,and according to the laws of North Carolina. <br /> b. Relationship of Parties. This Agreement shall not be construed to form a partnership or any <br /> other business association between the Parties other than independent parties to contract. <br /> User, its officers, agents and employees are not employees or agents of PFAP. <br /> c. Entire Agreement. This Agreement with the Appendices represents the entire and <br /> integrated agreement between the County and the Userr and supersedes all prior <br /> negotiations, representations or agreements, either written or oral. This Agreement may <br /> be amended only by written instrument signed by both parties. Modifications may be <br /> evidenced by facsimile signatures. <br /> d. Waiver. Failure of PFAP and/or Orange County to require compliance by User with any <br /> provisions of this Agreement or the waiver by the PFAP and/or Orange County of any <br /> breach of this Agreement or PFAP policies shall not constitute a waiver of any claim for <br /> damages by PFAP and/or the County for any breach of this Agreement or a waiver of any <br /> other required compliance with this Agreement. <br /> e. Severability. If any provision of this Agreement is held as a matter of law to be <br /> unenforceable,the remainder of this Agreement shall be valid and binding upon the <br /> Parties. <br /> 9. ENJOYMENT. This shared-use commercial kitchen is a unique facility meant to be useful to <br /> and enjoyed by its Users. The kitchen has been furnished to accommodate a wide variety of start- <br /> up food businesses. It is necessary that all Users work collectively to make this shared-use space <br /> work for all. Cooperation will benefit everyone and will allow harmony in the entire space. It is <br /> the desire of PFAP to aid the many persons that may desire to start their business and provide a <br /> clean and workable space for all parties. We wish each User's business the greatest success with <br /> their product and with their business. May each grow and prosper and become a part of our <br /> community. <br /> SIGNATURES ON FOLLOWING PAGE <br /> 6 <br />