Agenda - 11-16-1993 - VIII-A (2)

Browse Search

iLI- Agreement would have been approved and executed had such an unconstitutional or unenforceable provision been excluded therefrom. Section 16.05. Cooperative Efforts. This Agreement shall be liberally construed in order to promote a harmonious relationship between the parties with regard to the management and operation of the CAC. The Corporation accepts the relationship of trust and confidence established between the Corporation and the County by this Agreement. The Corporation covenants with the County to furnish its best skill and judgment and to fully and effectively cooperate with the County to accomplish the purposes and objectives of this Agreement. If a problem arises that this Agreement does not directly or indirectly address, the Corporation and the County agree to work with one another to determine a mutually satisfactory solution. Section 16.06. Approvals. Notwithstanding anything herein which may be to the contrary, all approvals or consents required or permitted pursuant to this Agreement shall be in writing in order to be considered valid and binding. Section 16.07. Successors and Assigns. This Agreement shall be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto; provided, however, this provision shall not be deemed to authorize the assignment or other transfer of this Agreement which may only be accomplished as expressly provided in this Agreement. Section 16.08. Waiver. The failure of either party to insist upon a strict performance of any of the terms or provisions of the Agreement, or to exercise any option, right, or remedy under the Agreement, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right, or remedy, but the same shall continue and remain in full force and effect. No waiver by either party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by the party against whom the waiver is asserted. Section 16.09. Covenant of Further Assurances. The Corporation and the County agree that from and after the date of execution hereof, each will, upon the request of the other, execute and deliver such other documents and instruments and take such other actions as may be reasonably required to carry out the purpose and intent of this Agreement. Section 16.10. Choice of Law. This Agreement shall be deemed made in North Carolina. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. All litigation arising out of this Agreement shall be brought in courts sitting in North Carolina, with venue in Orange County. Section 16.11. Force Majeure. In the event that the Corporation or the County is unable to perform the obligations of this Agreement, by reason of an act of God, war, riot, strike, insurrection, fire, explosion, injunction, inability to obtain fuel, government action, order or decree of any court, casualty, or other cause beyond the control of the Corporation or the County, then the Corporation or the County, as applicable, shall be excused from such failure to perform but shall recommence and continue to perform promptly after removal or cessation of such cause of delay. Section 16.12. Assignment. No assignment, delegation, transfer, or novation of this Agreement or any part thereof shall be made unless approved by both the Corporation and the County. 9