Orange County NC Website
Browse       Search
any act of the County or OCHC under this Agreement, shall be deemed or construed <br /> to create any relationship of joint venture, partnership or agency between the parties. <br /> j. Effect of Waiver or Forbearance. No failure by the County to insist upon the <br /> strict performance of any term or condition of this Agreement, or to exercise any right <br /> or remedy upon the breach by OCHC of any of its obligations, agreements, or <br /> covenants hereunder, shall be a waiver of such affected term or condition or of such <br /> breach; nor shall any forbearance by the County to seek a remedy for any breach by <br /> OCHC be a waiver by the County of its rights and remedies with respect to that or <br /> any other breach. <br /> k. Governing Law. This Agreement shall be construed in accordance with and <br /> governed by the laws of the State of North Carolina. Any litigation arising out of this <br /> Agreement shall be brought in courts sitting in North Carolina, with venue in Orange <br /> 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 ofsuch provision <br /> to 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 /> OCHC agree to substitute for such provision of this Agreement or the application <br /> thereof determined to be invalid or unenforceable, such other provision as most <br /> closely approximates, in a lawful manner, such invalid, illegal or unenforceable <br /> provision. If the County and OCHC cannot agree, they shall apply to a court of <br /> competent jurisdiction to substitute such provision as the court deems reasonable and <br /> judicially valid, legal and enforceable. Such provision determined by the court shall <br /> automatically be deemed part of this Agreement ab initio. <br /> M. Equal Opportunity. OCHC shall not discriminate against any employee or <br /> applicant for employment because of race, color, religion, sex, national origin, political <br /> 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 includes the <br /> feminine and masculine. The masculine includes the feminine and neuter, and the <br /> feminine includes the masculine and neuter and each includes a corporation, <br /> 5 <br />