Orange County NC Website
Browse       Search
1 <br /> j. Effect of Waiver or Forbearance. No failure by the County to insist <br /> upon the strict performance of any term or condition of this Agreement, or to exercise <br /> any right or remedy upon the breach by of any of its obligations, <br /> agreements, or covenants hereunder, shall be a waiver of such affected term or <br /> condition or of such breach; nor shall any forbearance by the County to seek a remedy <br /> for any breach by 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 <br /> and governed by the laws of the State of North Carolina. Any litigation arising out of <br /> this Agreement shall be brought in courts sitting in North Carolina, with venue in <br /> Orange County. <br /> I. Severability. The provisions of this Agreement are independent of and <br /> separable from each other, and no provision shall be affected or rendered invalid or <br /> unenforceable by the fact that for any reason any other provision may be invalid or <br /> unenforceable in whole or in part. If any provision of this Agreement or the application <br /> thereof to any person or circumstances shall, to any extent, be or become invalid or <br /> unenforceable, the remainder of this Agreement, or the application of such provision to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected thereby, and each provision of this Agreement <br /> shall be valid and be enforced to the fullest extent permitted by law. The County and <br /> agree to substitute for such provision of this Agreement or the <br /> application thereof determined to be invalid or unenforceable, such other provision as <br /> most closely approximates, in a lawful manner, such invalid, illegal or unenforceable <br /> provision. If the County and cannot agree, they shall apply to a <br /> court of competent jurisdiction to substitute such provision as the court deems <br /> reasonable and judicially valid, legal and enforceable. Such provision determined by <br /> the court shall automatically be deemed part of this Agreement ab initio. <br /> M. Equal Opportunity. shall not discriminate against <br /> any employee or applicant for employment because of race, color, religion, sex, <br /> national origin, political affiliation or belief, age, or handicap. <br /> n. Headings. Headings are for convenience only and shall not be used to <br /> interpret or construe its provision. <br /> o. Gender; Singular and Plural. As used herein, the neuter gender <br /> includes the feminine and masculine. The masculine includes the feminine and neuter, <br /> and the feminine includes the masculine and neuter and each includes a corporation, <br /> partnership or other legal entity when the context so requires. The singular number <br /> includes the plural and vice versa, whenever the context so requires. <br />