Orange County NC Website
1~ <br />21. Severability. If any clause or provision of this Agreement is illegal, invalid or <br />unenforceable under present or future laws effective during the term of this Agreement, then and <br />in that event, it is the intention of the parties hereto that the remainder of this Agreement shall <br />not be affected thereby; and it is also the intention of the parties to this Agreement that in lieu of <br />each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be <br />added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid <br />or unenforceable clause or provision as maybe possible and be legal, valid and enforceable. <br />22. Modifications; Waiver; Successors and Assigns. This Agreement may not be <br />altered; changed or amended, except by instrument in writing signed by both parties hereto. No <br />provision of this Agreement shall be deemed to have been waived by Railway unless such <br />waiver shall be in a writing signed by Railway and addressed to Licensee, nor shall any custom <br />or practice that may evolve between the parties in the administration of the terms hereof be <br />construed to waive or lessen the right of Railway to insist upon the performance by Licensee in <br />strict accordance with the terms hereof. The terms and conditions contained in this Agreement <br />shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their <br />respective successors in interest and legal representatives, except as otherwise herein expressly <br />provided. If there shall be more than one Licensee, the obligations hereunder imposed upon <br />Licensee shall be joint and several. <br />23. Notice. Any and all other notices, demands or requests by or from Railway to <br />Licensee, or Licensee to Railway, shall be in writing and shall be sent by (a} 'postage paid, <br />certified mail, return receipt requested, or (b) a .reputable national overnight courier service with <br />receipt therefor, or (c) personal delivery, and addressed in each case as follows: <br />If to Railway: <br />c/o Norfolk Southern Corporation <br />1200 Peachtree Street, NE - 12~' Floor <br />Atlanta, Georgia 30309-3504 <br />Attention: Director Contract Services <br />If to Licensee: <br />Orange County Solid Waste Management <br />1514 Eubanks Road <br />Chapel Hill, Narth Carolina 27514 <br />Either party may, by notice in writing, direct that future notices or demands be sent to a different <br />address. All notices hereunder shall be deemed given upon receipt (or, if rejected, upon <br />rejection). . <br />24. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this <br />License are incozporated into this Agreement and made a part hereof for all intents and purposes. <br />Time is of the essence with regard to each provision of this Agreement. This Agreement shall be <br />construed and interpreted in accordance with and governed by the laws of the State in which the <br />Premises are located. Each covenant of Railway and Licensee under this Agreement is <br />n <br />