Orange County NC Website
65 <br /> APRIL 6, 2017 DRAFT FOR DISCUSSION - NOT FOR SIGNATURE <br /> 18. To be effective, any amendment, change, correction, extension, or termination of this <br /> Agreement shall be in the form of a written instrument approved by the governing <br /> boards of the Parties. <br /> 19. This Agreement shall be governed by and in accordance with the laws of the State of <br /> North Carolina. All actions relating in any way to this Agreement shall be brought in the <br /> General Court of Justice in the County of Durham, North Carolina. <br /> 20. Except to the extent provided otherwise in this Agreement, the Orange County Manager <br /> shall designate persons to carry out Orange's obligations under this Agreement, the <br /> Durham County Manager shall designate persons to carry out Durham's obligations <br /> under this Agreement, and the General Manager of GoTriangle shall designate persons <br /> to carry out GoTriangle's obligations under this Agreement. <br /> 21. All equipment, improvements, and interests in real property acquired under this <br /> Agreement shall be the property of GoTriangle or another entity under separate <br /> agreement and shall be subject to disposition as required under applicable law. <br /> 22. This Agreement is entered into by the Parties for their purposes only and does not <br /> confer any rights, benefits, remedies, or privileges on any other person or entity. <br /> 23. If any provision of this Agreement is determined to be unenforceable by a court of <br /> competent jurisdiction, such determination shall not affect any other provision of this <br /> Agreement. <br /> 24. Pursuant to N.C.G.S. § 147-86.59, any person identified as engaging in investment <br /> activities in Iran, determined by appearing on the Final Divestment List created by the <br /> State Treasurer pursuant to N.C.G.S. § 147-86.58, is ineligible to contract with the State <br /> of North Carolina or any political subdivision of the State. The Iran Divestment Act of <br /> 2015, N.C.G.S. § 147-86.55 et seq., requires the contracting party to certify that it meets <br /> the requirements of the Iran Divestment Act. By execution of this Agreement, each <br /> Party certifies that it is not on the Final Divestment List of entities that the State <br /> Treasurer has determined engages in investment activities in Iran, and that it shall not <br /> utilize in connection with this Agreement any subcontractor that is identified on the <br /> Final Divestment List. <br /> 25. Each Party acknowledges that the individual executing this Agreement on behalf of the <br /> respective party is authorized to execute the document and to bind the Party to the <br /> terms contained herein. The Parties further acknowledge that they have read this <br /> Agreement, conferred with their legal counsel, and fully understand the contents of this <br /> Agreement. <br /> 26. A copy or facsimile copy of the signature of the individuals executing this Agreement <br /> shall be deemed an original with each fully-executed copy of this Agreement as binding <br /> as an original. The Parties agree that this Agreement can be executed in counterparts, as <br /> triplicate originals, with facsimile signatures sufficient to evidence an accord to be <br /> bound by the terms of this Agreement. <br /> 6 <br />