Orange County NC Website
Browse       Search
Draft -19-07 <br />~~ <br />For Sports Endeavors: <br />With copy to: <br />11. WAIVER. The failure of Sports Endeavors Inc. or Orange County at anytime to demand strict <br />performance by the other of any terms, covenants or conditions set forth herein, shall not be <br />construed as a continuing waiver or relinquishment thereof, and either may at any time demand strict <br />and complete performance by the other of said terms, covenants and conditions. <br />12. ASSIGNlYlENT. Neither Orange County nor Sports Endeavors Inc. shall have any right to assign or <br />transfer any of its rights or obligations hereunder without the express written consent of the other <br />party. Any unauthorized attempt at assignment shall be void and unenforceable. <br />13. FURTHER ASSITRANCES. Each party shall, upon the request of the other and without further <br />consideration, execute and deliver to such other parties such documents as may be necessary and <br />proper, and take such other action as may be required, to effectively carry out this Agreement. <br />14. INDEPENDENT CONTRACTORS. Both parties shall be independent contractors unto one <br />another. Nothing herein contained shall be construed to constitute the parties hereto as partners or as <br />joint venturers, or either as agent of the other, and neither shall have power to obligate or bind the <br />other in any manner whatsoever. <br />15. SIGNII+`ICANCE OF HEADINGS. Paragraph headings contained hereunder are solely for the <br />purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in <br />the construction of this Agreement. Accordingly, incase of any question with respect to the <br />construction of this Agreement, it is to be construed as though such paragraph headings had been <br />omitted. <br />16. SEVERA~BILITY. If this Agreement ar any of its provisions is found to be illegal or unenforceable <br />under the law now or hereafter in effect, then the parties shall be excused from the performance of <br />such portions of this Agreement as shall be found to be illegal or unenforceable under the applicable <br />laws ar regulations, without affecting the validity of the remaining provisions of the Agreement. <br />- 17. FORCE MAJEURE. Neither party shall be liable for any delays, damages or failure to act caused <br />by force majeure or act of God, failure of any governmental or other regulatory agency or national <br />sport governing body to grant necessary permits or approvals; threat and/or acts of terrorism, or any <br />similar contingency beyond its control (a "Force Majeure Event"), and any failure or delay in the <br />performance of the respective obligations of the parties due to a Force Majeure Event shall not be <br />deemed a breach of this Agreement. <br />18. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between Sports <br />Endeavors Inc. and Orange County relating to the subj ect matter hereof, and cannot be altered or <br />modified except by an agreement in writing signed by both parties. Upon its execution, this <br />Agreement shall supersede all prior negotiations, understandings and agreements regarding the <br />Page 6 of 7 <br />