Orange County NC Website
Browse       Search
2. Licensee shall default in the performance of any other of the terms, conditions or covenants contained in this <br /> License to be performed or observed by Licensee, other than that specified in (1) above, and Licensee does <br /> not remedy such default within thirty (30) days after written notice thereof or, if such default cannot be <br /> remedied in such period, Licensee does not commence such efforts to remedy the default within twenty (20) <br /> days after such notice and continue to pursue such efforts and/or acts to completion with reasonable diligence. <br /> 3. In the event Licensor shall fail to keep or perform any of the terms, conditions or covenants contained in this <br /> License to be performed or observed by Licensor, and Licensor does not remedy such failure within thirty <br /> (30)days after written notice thereof is given to Licensor,Licensee shall have and shall be entitled to exercise <br /> any and all rights and remedies permitted by applicable law. <br /> VIII. MISCELLANEOUS <br /> A. Notice <br /> 1. The parties hereby acknowledge that all written notices relative to this License shall be served upon the <br /> parties in writing and shall be deemed properly served only when delivered by one of the following methods: <br /> hand delivered, overnight courier, or posted by certified United States mail, return receipt requested, <br /> addressed to the party to whom directed at the following addresses or at such other addresses as may be from <br /> time to time designated in writing: <br /> To Licensor: Orange County <br /> c/o Jeff Thompson,Director,Asset Management Services <br /> PO Box 8181 <br /> Hillsborough,NC 27278 <br /> To Licensee: Riding Partners, Inc. <br /> c/o/Matthew Johnson,President <br /> 87 Shope Road <br /> Asheville,NC 28805 <br /> B. Governing Law <br /> This License shall be governed by and construed in accordance with the laws of the State North Carolina. All <br /> rights and remedies of Licensor under this License shall be cumulative and none shall exclude any other rights or <br /> remedies allowed by law or by equity. <br /> C. Attorney's Fees <br /> The prevailing party shall be entitled to recover from the non- prevailing party reasonable attorneys' fees, <br /> costs,and expenses incurred in any action or proceeding arising out of or relating to this Agreement. <br /> D. Severability <br /> Should any provision or provisions contained in this License be declared by a court of competent jurisdiction to <br /> be void, unenforceable or illegal, such provision or provisions shall be severable and the remaining provisions <br /> hereof shall remain in full force and effect. <br /> E. Entirety <br /> This License contains the entire Agreement of the parties and may not be modified, except by an instrument in <br /> writing and signed by both parties. <br /> Attest: <br /> 8 <br />