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2018-368-E Housing - Rebuilding Together development agreement
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2018-368-E Housing - Rebuilding Together development agreement
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Last modified
8/13/2018 10:07:27 AM
Creation date
8/13/2018 9:39:35 AM
Metadata
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Template:
Contract
Date
7/13/2018
Contract Starting Date
7/13/2018
Contract Document Type
Agreement
Agenda Item
6/6/17; 5/5/16
Amount
$78,538.00
Document Relationships
R 2018-368 Housing - Rebuilding Together development agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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Rev August 8, 2018 <br />M. No Joint Venture or Agency. The County and Rebuilding Together each agree and <br />acknowledge that nothing contained herein or otherwise, including, without limitation, any <br />act of the County and Rebuilding Together under this Agreement, shall be deemed or <br />construed to create any relationship of joint venture, partnership or agency between the <br />parties. <br /> <br />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 remedy <br />upon the breach by Rebuilding Together 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 shall <br />any forbearance by the County to seek a remedy for any breach by Rebuilding Together be a <br />waiver by the County of its rights and remedies with respect to that or any other breach. <br /> <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 be <br />brought in courts sitting in North Carolina, with venue in Orange County. <br /> <br />P. Severability. The provisions of this Agreement are independent of and separable from each <br />other, and no provision shall be affected or rendered invalid or unenforceable by the fact that <br />for any reason any other provision may be invalid or unenforceable in whole or in part. If <br />any provision of this Agreement or the application thereof to any person or circumstances <br />shall, to any extent, be or become invalid or unenforceable, the remainder of this Agreement, <br />or the application of such provision to persons or circumstances other than those as to which <br />it is held invalid or unenforceable, shall not be affected thereby, and each provision of this <br />Agreement shall be valid and be enforced to the fullest extent permitted by law. The County <br />and Rebuilding Together agree to substitute for such provision of this Agreement or the <br />application thereof determined to be invalid or unenforceable, such other provision as most <br />closely approximates, in a lawful manner, such invalid, illegal or unenforceable provision. If <br />the County and Rebuilding Together cannot agree, they shall apply to a court of competent <br />jurisdiction to substitute such provision as the court deems reasonable and judicially valid, <br />legal and enforceable. Such provision determined by the court shall automatically be deemed <br />part of this Agreement ab initio. <br /> <br />Q. Equal Opportunity. Rebuilding Together 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 /> <br />R. Headings. Headings are for convenience only and shall not be used to interpret or construe <br />its provision. <br /> <br />S. Gender; Singular and Plural. As used herein, the neuter gender includes the feminine and <br />masculine. The masculine includes the feminine and neuter, and the feminine includes the <br />masculine and neuter and each includes a corporation, partnership or other legal entity when <br />the context so requires. The singular number includes the plural and vice versa, whenever <br />the context so requires. <br /> <br />DocuSign Envelope ID: 62EC95C2-2AA8-49D7-B576-F94193C9DB65
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