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11 <br />employees shall be deemed to execute such documents in their official capacities only, and <br />not in their individual capacities. This Section shall not relieve any such officer, agent or <br />employee from the performance of any official duty provided by law. <br />14. MISCELLANEOUS <br />A. ENTIRE AGREEMENT: This Agreement, including all exhibits attached, constitutes the <br />entire contract between the parties, and this Agreement shall not be amended except in <br />writing signed by the Parties. <br />B. BINDING EFFECT: Subject to the specific provisions of this Agreement, this <br />Agreement shall be binding upon and inure to the benefit of and be enforceable by the <br />Parties and their respective successors and assigns. <br />C. TIME: Time is of the essence in this Agreement and each and all of its provisions. <br />D. CONSTRUCTION: Nothing in this Agreement shall be construed to the effect that the <br />County has any right to influence the Company's business decisions or to receive business <br />information from the Company (except as expressly provided in Section 2B and Section 5 <br />hereof). <br />15. NOTICES <br />Any notices pursuant to and/or required by this Agreement shall be in writing and shall be <br />delivered via United States Mail, certified, return receipt requested: <br />If to Orange County; If to Morinaga America Foods, Inc.; <br />County Manager c/o Morinaga America, Inc. <br />200 S. Cameron Street 18552 MacArthur Blvd., Suite 360 <br />Hillsborough, NC 27278 Irvine, CA 92612 <br />Any addressee may designate additional or different addresses for communications by notice <br />given under this Section to the other Party. <br />2054461.2 <br />21896 -200 Page 9 of 12 <br />