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<br />Small Service Contract Revised 10/2017 Page 3 of 6 <br /> <br />13. Amendment: This Contract may be amended in writing by mutual agreement of the Town <br />and Contractor. <br /> <br />14. Termination: Either party may terminate this Contract at any time by giving the other party <br />thirty (30) days written notice of termination prior to the end of the term as described <br />herein. <br /> <br />15. Interpretation/Venue: This Contract shall be construed and enforced under the laws of <br />North Carolina. The courts and the authorities of the State of North Carolina shall have <br />exclusive jurisdiction over all controversies between the parties which may arise under or <br />in relation to this Contract. In the event of any dispute between the parties, venue is <br />properly laid in Orange County, North Carolina for any state court action and in the Middle <br />District of North Carolina for any federal court action. Contrary to any provision that may <br />be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any <br />dispute by means of arbitration and/or 2) waiver of a trial by jury. <br /> <br />16. Preference: In the event that the terms of any exhibit attached hereto are not consistent with <br />the terms of this Contract, this Contract shall have preference; provided that where either <br />any exhibit attached hereto or this Contract establishes higher standards for performance <br />by either party, the higher standard, wherever located, shall apply. <br /> <br />17. Severability: The parties intend and agree that if any provision of this Contract or any <br />portion thereof shall be held to be void or otherwise unenforceable, all other portions of <br />this Contract shall remain in full force and effect. <br /> <br />18. Assignment: This Contract shall not be assigned without the prior written consent of the <br />parties. <br /> <br />19. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no <br />other warranties, inducements, considerations, promises, or interpretations shall be implied <br />or impressed upon this Contract that are not expressly addressed herein. All prior <br />agreements, understandings and discussions are hereby superseded by this Contract. <br /> <br />20. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the <br />Town certified statements setting forth, the cost of all materials purchased from each <br />vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the <br />Contractor makes several purchases from the same vendor, the Contractor’s certified <br />statement shall indicate the invoice number, the inclusive dates of the invoices, the total <br />amount of the invoices, and the North Carolina sales and use taxes paid thereon. The <br />Contractor’s certified statement shall also include the cost of any tangible personal property <br />withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales <br />or use tax paid thereon by the Contractor. The Contractor shall furnish such additional <br />information as the Commissioner of Revenue of the State of North Carolina may require <br />to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall <br />obtain and furnish to the Town similar certified statements by the subcontractors. The <br />certified statements to be furnished shall be in the form of the standard CONTRACTOR'S <br />5