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alternate means of providing the services and/or materials. The costs of the mediation shall be <br /> divided equally between the parties to the dispute. <br /> The mediation session shall be private and shall be held in Durham County,North Carolina. <br /> Mediation under this provision shall not be the cause for a delay of services and/or materials <br /> being provided which is the focus of the dispute. <br /> If the disputed issue cannot be resolved in mediation or either party disagrees with the results <br /> of the mediation, the parties may seek resolution in the General Court of Justice in the County <br /> of Durham and the State of North Carolina. If a party fails to comply in strict accordance with <br /> the requirements of this provision, the non-complying party specifically waives all of its rights <br /> provided hereunder, including its rights and remedies under State law. <br /> SECTION 11. GOVERNING LAW <br /> This Interlocal Agreement shall be governed by and in accordance with the laws of the <br /> State of North Carolina. All actions relating in any way to this agreement shall be <br /> brought in the General County of Justice in the County of Durham and the State of North <br /> Carolina. <br /> SECTION 12.ENTIRE AGREEMENT <br /> This Agreement shall constitute the entire understanding between the Counties respect to <br /> production of road signs and shall supersede all prior understandings and agreements <br /> relating to the subject matter hereof and may be amended only by written mutual <br /> agreement of the parties. <br /> SECTION 13.HEADINGS <br /> The subject headings of the sections in this Agreement are included for purposes of <br /> convenience only and shall not affect the construction or interpretation of any of its <br /> provisions. This Agreement shall be deemed to have been drafted by both parties and no <br /> purposes of interpretation shall be made to the contrary. <br />