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26 <br />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 />