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• 12 <br /> se-con 16.08. Waiver. The failure of either party to insist upon a strict performance of any of <br /> for provisions of the Agreement, or to exercise any option, right, or remedy under the <br /> ,.shall not be construed as a waiver or as a relinquishment for the future of such term, <br /> O option, right, or remedy, but the same shall continue and remain in full force and effect. No <br /> y-either parry of any term or provision hereof shall be deemed to have been made unless <br /> writing and signed by the parry against whom the waiver is asserted. <br /> Section 16.09. Covenant of Furrher Assurances. The Corporation and the County agree that <br /> the date of execution hereof, each will, upon the request of the ocher, execute and deliver <br /> .:,r,�fter <br /> r docents and instn=ents and take such other actions as may be reasonably required to carry <br /> urpose and intent of this Agreement. <br /> Section 16.10. Choice of Law. This Agreement shall be deemed made is North Catalina. This <br /> ent shall be governed by and construed in accordance with the laws of the State of North <br /> All litigation arising out of this Agreement shall be brought in courts sitting in North Carolina, <br /> .yeaue in Orange County. <br /> Section 16.11. Force Majeure. In the event that the Corporation or the County is unable to <br /> perform the obligations of this Agreement, by reason of an act of',ad, war, riot, strike, insurrection, <br /> gexplosion, injunction, inability to obtain fuel, government a...ion, order or decree of any court, <br /> . jj pWty, or other cause beyond the control of the Corporation or the County, then the Corporation or <br /> �n'Caunty, as applicable, shall be excused from such failure to perform but shall recommence and <br /> omtlaue to perform promptly after removal or cessation of such cause of delay. <br /> [Remainder of this page intentionally left blank] <br /> 10 <br />