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section 16.08. Waiver. The failure of either party to insist upon a strict performance of any of <br /> -or 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 /> a,U option, right, or remedy, but the same shall continue and remain in full force and effect. No <br /> yjeither party of any term or provision hereof shall be deemed to have been made unless <br /> writing and signed by the party against whom the waiver is asserted. <br /> SSection 16.09. Covenant of Further Assurances. The Corporation and the County agree that <br /> ;after the date of execution hereof, each will, upon the request of the other, execute and deliver <br /> er documents and instruments and take such other actions as may be reasonably required to carry <br /> ,purpose and intent of this Agreement. <br /> Section 16.10. Choice of Law. This Agreement shall be deemed made in North Carolina. This <br /> aI <br /> ent shall be governed by and construed in accordance with the laws of the State of North <br /> .C&Uni.:All litigation arising out of this Agreement shall be brought in courts sitting in North Carolina, <br /> nth.yenue 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^•od, war, riot, strike, insurrection, <br /> W'explosion, injunction, inability to obtain fuel, government a.aon, order or decree of any court, <br /> pioalty, or other cause beyond the control of the Corporation or the County, then the Corporation or <br /> C-Tounty, as applicable, shall be excused from such failure to perform but shall recommence and <br /> 000tlnue to perform promptly after removal or cessation of such cause of delay. <br /> [Remainder of this page intentionally left blank] <br /> 10 <br />