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N. Effect of Waiver or Forbearance. No failure by the County to insist upon the strict <br /> performance of any term or condition of this Agreement, or to exercise any right or <br /> remedy upon the breach by HABITAT of any of its obligations, agreements, or covenants <br /> hereunder, shall be a waiver of such affected term or condition or of such breach; nor <br /> shall any forbearance by the County to seek a remedy for any breach by HABITAT be a <br /> waiver by the County of its rights and remedies with respect to that or any other breach. <br /> O. Governing Law. This Agreement shall be construed in accordance with and governed by <br /> the laws of the State of North Carolina. Any litigation arising out of this Agreement shall <br /> be brought in courts sitting in North Carolina, with venue in Orange County. <br /> P. Severability. The provisions of this Agreement are independent of and separable from <br /> each other, and no provision shall be affected or rendered invalid or unenforceable by the <br /> fact that for any reason any other provision may be invalid or unenforceable in whole or <br /> in part. If any provision of this Agreement or the application thereof to any person or <br /> circumstances shall, to any extent, be or become invalid or unenforceable, the remainder <br /> of this Agreement, or the application of such provision to persons or circumstances other <br /> than those as to which it is held invalid or unenforceable, shall not be affected thereby, <br /> and each provision of this Agreement shall be valid and be enforced to the fullest extent <br /> permitted by law. The County and HABITAT agree to substitute for such provision of <br /> this Agreement or the application thereof determined to be invalid or unenforceable, such <br /> other provision as most closely approximates, in a lawful manner, such invalid, illegal or <br /> unenforceable provision. If the County and HABITAT cannot agree, they shall apply to a <br /> court of competent jurisdiction to substitute such provision as the court deems reasonable <br /> and judicially valid, legal and enforceable. Such provision determined by the court shall <br /> automatically be deemed part of this Agreement ab initio. <br /> Q. Equal Opportunity. HABITAT 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, handicap, or familial status in the implementation of the Project. <br /> R. Headings. Headings are for convenience only and shall not be used to interpret or <br /> construe its provision. <br /> S. Gender; Singular and Plural. As used herein, the neuter gender includes the feminine <br /> and masculine. The masculine includes the feminine and neuter, and the feminine <br /> includes the masculine and neuter and each includes a corporation, partnership or other <br /> legal entity when the context so requires. The singular number includes the plural and <br /> vice versa, whenever the context so requires. <br /> T. Recording. The parties hereto agree that upon notice to the other and at its own cost and <br /> expense, a party may record this Agreement in the Office of Register of Deeds for Orange <br /> County. <br /> 9 <br />