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Agenda - 02-18-2014 - 7a
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Agenda - 02-18-2014 - 7a
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6/3/2015 10:32:20 AM
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2/17/2014 11:31:51 AM
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BOCC
Date
2/18/2014
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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2014-542-E AMS - Rogers-Eubanks Neighborhood Association for Operating Agreement governing the Rogers Road Community Center $0
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2014
Minutes 02-18-2014
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\Board of County Commissioners\Minutes - Approved\2010's\2014
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36 <br />the Lessor in any way or for any purpose a partner, joint venturer, or associate in any relationship <br />with Lessee other than that of Lessor and Lessee, nor shall this Lease be construed to authorize <br />either to act as agent for the other. <br />21.4 Applicable Law. This Lease shall be governed by, construed under and <br />interpreted and enforced in accordance with the laws of the State of North Carolina, regardless of <br />conflict of law principles. <br />21.5 Entire Agreement. This instrument contains the entire agreement between the <br />Parties, and no statement, premise, inducement, representation or prior agreement which is not <br />contained in this written Lease shall be valid or binding. <br />21.6 Amendment. No amendment, modification, alteration, renewal, extension, or <br />revision of this Lease shall be valid and binding unless made in writing and signed by Lessee and <br />Lessor. <br />21.7 Construction of Language. The terms "lease," "lease agreement" or "agreement" <br />shall be inclusive of each other, and also shall include renewals, extensions, or modifications of <br />this Lease. Words of any gender used in this Lease shall be held to include any other gender, <br />and words of the singular shall be held to include the plural and the plural to include the singular <br />when the sense requires. The section or paragraph headings and the titles are not a part of this <br />Lease and shall have no effect upon the construction and interpretation of any part hereof. <br />21.8 Terms. Capitalized terms used in this Lease shall have the meanings ascribed to <br />them at the point where first defined, irrespective of where their use occurs, with the same effect <br />as if the definitions of such terms were set forth in full and at length every time such terms are <br />used. <br />21.9 Effect of Waiver or Forbearance. No covenant or condition of this Lease can be <br />waived except by written consent of the Parties. A waiver of any covenant or condition on one <br />occasion shall not be deemed a waiver of said covenant or condition on any subsequent occasion <br />unless such fact is specifically stated in the waiver. Forbearance or indulgence by Lessor in any <br />regard whatsoever shall not constitute a waiver of any covenant or condition to be performed by <br />Lessee, and until Lessee has completely performed all covenants and conditions of this Lease, <br />Lessor shall be entitled to invoke any remedy available to Lessor under this Lease or any law or <br />equity despite such forbearance or indulgence. <br />21.10 Survival. All obligations accruing prior to expiration of the term of this Lease <br />shall survive the expiration or other termination of this Lease. <br />21.11 Lessor's Remedies Cumulative. <br />this Lease shall be cumulative and in addition <br />available, whether or not specified in this Lease. <br />The rights and remedies of Lessor specified in <br />to any other rights and /or remedies otherwise <br />21.12 Severabilitv. In case any one or more of the provisions contained in this Lease <br />shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />
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