Orange County NC Website
DocuSign Envelope ID: 65EC9D62 -7FB9- 4747- A005- FC28FEF750E3 <br />13. No Joint Venture or Agency. The County and CASA each agree and acknowledge <br />that nothing contained herein or otherwise, including, without limitation, any act of <br />the County or CASA under this Agreement, shall be deemed or construed to create <br />any relationship of joint venture, partnership or agency between the parties. <br />14. 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 <br />remedy upon the breach by CASA 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 <br />shall any forbearance by the County to seek a remedy for any breach by CASA be a <br />waiver by the County of its rights and remedies with respect to that or any other <br />breach. <br />15. Governing Law. This Agreement shall be construed in accordance with and <br />governed by the laws of the State of North Carolina. Any litigation arising out of this <br />Agreement shall be brought in courts sitting in North Carolina, with venue in Orange <br />County. <br />16. Severability. The provisions of this Agreement are independent of and separable <br />from each other, and no provision shall be affected or rendered invalid or <br />unenforceable by the fact that for any reason any other provision may be invalid or <br />unenforceable in whole or in part. If any provision of this Agreement or the <br />application thereof to any person or circumstances shall, to any extent, be or become <br />invalid or unenforceable, the remainder of this Agreement, or the application of such <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable, shall not be affected thereby, and each provision of this Agreement <br />shall be valid and be enforced to the fullest extent permitted by law. The County and <br />CASA agree to substitute for such provision of this Agreement or the application <br />thereof determined to be invalid or unenforceable, such other provision as most <br />closely approximates, in a lawful manner, such invalid, illegal or unenforceable <br />provision. If the County and CASA cannot agree, they shall apply to a court of <br />competent jurisdiction to substitute such provision as the court deems reasonable and <br />judicially valid, legal and enforceable. Such provision determined by the court shall <br />automatically be deemed part of this Agreement ab initio. <br />17. Equal Opportunity. CASA shall not discriminate against any employee or applicant <br />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 <br />Project. <br />18. Headings. Headings are for convenience only and shall not be used to interpret or <br />construe its provision. <br />