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Site Name: Phelps NC <br />Site Number: 280138 <br />20 <br />jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation <br />of any dispute prior to the bringing of such suit or action. Should any such suit, action or claim be filed <br />by either party each party will be solely responsible for the party's own costs, including reasonable <br />attorney's fees. <br />(q) The parties agree that a scanned or electronically reproduced copy or image of this <br />Agreement will be deemed an original and may be introduced or submitted in any action or proceeding as <br />competent evidence of the execution, terms and existence hereof notwithstanding the failure or inability <br />to produce or tender an original, executed counterpart of this Agreement and without the requirement that <br />the unavailability of such original, executed counterpart of this Agreement first be proven. <br />[SIGNATURES APPEAR ON NEXT PAGE] <br />{SK011162.DOCX 2 115 <br />