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9 <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 <br />remedy upon the breach by Habitatof 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 Habitatbe a <br />waiver by the County of its rights and remedies with respect to that or any other breach. <br />O.Governing Law. This Agreement shall be construed in accordance with and governed <br />by the laws of the State of North Carolina. Any litigation arising out of this Agreement <br />shall be brought in courts sitting in North Carolina, with venue in Orange County. <br />P.Severability.The provisions of this Agreement are independent of and separable from <br />each other, and no provision shall be affected or rendered invalid or unenforceable by the <br />fact that for any reason any other provision ma y be invalid or unenforceable in whole or <br />in part. If any provision of this Agreement or the application thereof to any person or <br />circumstances shall, to any extent, be or become invalid or unenforceable, the remainder <br />of this Agreement, or the application of such provision to persons or circumstances other <br />than those as to which it is held invalid or unenforceable, shall not be affected thereby, <br />and each provision of this Agreement shall be valid and be enforced to the fullest extent <br />permitted by law. The CountyandHABITATagree to substitute for such provision of <br />this Agreement or the application thereof determined to be invalid or unenforceable, such <br />other provision as most closely approximates, in a lawful manner, such invalid, illegal or <br />unenforceable provision. If the CountyandHABITATcannot agree, they shall apply to a <br />court of competent jurisdiction to substitute such provision as the court deems reasonable <br />and judicially valid, legal and enforceable. Such provision determined by the court shall <br />automatically be deemed part of this Agreement ab initio. <br />Q.Equal Opportunity.HABITATshall 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 />R.Headings. Headings are for convenience only and shall not be used to interpret or <br />construe its provision. <br />S.Gender; Singular and Plural. As used herein, the neuter gender includes the feminine <br />and masculine. The masculine includes the feminine and neuter, and the feminine <br />includes the masculine and neuter and each includes a corporation, partnership or other <br />legal entity when the context so requires. The singular number includes the plural and <br />vice versa, whenever the context so requires. <br />T.Recording.The parties hereto agree that upon notice to the other and at its own cost and <br />expense, a party may record this Agreement in the Office of Register of Deeds for <br />Orange County. <br />U.Compliance with Laws.To the extent applicable, each party hereto agrees to comply <br />with all laws, ordinances and regulations affecting the Property from and after the date <br />DocuSign Envelope ID: 12C19140-2C02-498E-AD84-772B4830D31B