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133.3 (c)(2), Agreements solely for the purchase of apparatus, supplies, materials, and <br /> equipment are exempt from this E-Verify provision. <br /> 10. Amendment: This Agreement may be amended in writing by mutual agreement of the <br /> Town and Contractor. <br /> 11. Termination: Either party may terminate this Agreement at any time by giving the other <br /> party thirty(30)days written notice of termination prior to the end of the term as described <br /> herein. <br /> 12. Interpretation/Venue: This Agreement shall be construed and enforced under the laws of <br /> North Carolina. The courts and the authorities of the State of North Carolina shall have <br /> exclusive jurisdiction over all controversies between the parties which may arise under or <br /> in relation to this Agreement. In the event of any dispute between the parties, venue is <br /> properly laid in Orange County,North Carolina for any state court action and in the Middle <br /> District of North Carolina for any federal court action. Contrary to any provision that may <br /> be contained in any exhibit attached hereto the Town shall not consent to 1)resolving any <br /> dispute by means of arbitration and/or 2)waiver of a trial by jury. <br /> 13. Preference: In the event that the terms of the Work Statement attached hereto are not <br /> consistent with the terms of this Agreement, this Agreement shall have preference; <br /> provided that where either any Work Statement attached hereto or this Agreement <br /> establishes higher standards for performance by either party,the higher standard,wherever <br /> located, shall apply. <br /> 14. Severability: The parties intend and agree that if any provision of this Agreement or any <br /> portion thereof shall be held to be void or otherwise unenforceable, all other portions of <br /> this Agreement shall remain in full force and effect. <br /> 15. Assignment: This Agreement shall not be assigned without the prior written consent of the <br /> parties. <br /> 16. Entire Agreement: This Agreement shall constitute the entire agreement of the parties and <br /> no other warranties, inducements, considerations, promises, or interpretations shall be <br /> implied or impressed upon this Agreement that are not expressly addressed herein.All prior <br /> agreements, understandings and discussions are hereby superseded by this Agreement. <br /> 17. Term:This Agreement,unless amended as provided herein, shall be in effect until June 30, <br /> 2017. <br /> [SIGNATURES ON FOLLOWING PAGE.] <br /> Small Service Agreement Revised 5/2016 Page 3 of 5 <br />