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17 <br /> Memorandum of Agreement <br /> Triangle Water Supply Partnership <br /> dispute, or any other claims, disputes or other controversies arising under this <br /> Agreement, shall be subject to resolution in a court of competent jurisdiction. <br /> e) If any part of this Agreement is held invalid or unenforceable by a court of <br /> competent jurisdiction, such holding shall not invalidate or render unenforceable <br /> any other provision hereof. If one or more paragraphs, sections sentences, clauses, <br /> or phrases shall be declared void, invalid or otherwise unenforceable for any <br /> reason by the valid, final judgment or decree of any court of competent <br /> jurisdiction, such judgment or decree shall not affect the remaining provisions of <br /> this Agreement and the same shall continue to be fully effective and enforceable <br /> on the basis that said remaining provisions would have been agreed to by the <br /> Parties without the incorporation of such void, invalid or otherwise unenforceable <br /> paragraph, section, sentence, clause or phrase. <br /> f) In the event of breach of this Agreement, the Parties shall be entitled to such legal <br /> or equitable remedy as may be available, including specific performance. <br /> g) No provision of this Agreement shall be deemed to have been waived by any <br /> party hereto unless such waiver shall be in writing and executed by the same <br /> formality as this Agreement. The failure of any party hereto at any time to require <br /> strict performance by the other of any provision hereof shall in no way affect the <br /> right of the other party to thereafter enforce the same. In addition, no waiver or <br /> acquiescence by a party hereto of any breach of any provision hereof by another <br /> party shall be taken to be a waiver of any succeeding breach of such provision or <br /> as a waiver of the provision itself. <br /> h) There are no third-party beneficiaries to this Agreement. <br /> i) No Party may sell or assign any interest in or obligation under this Agreement <br /> without the prior express written consent of the other Parties. <br /> j) The Parties, and all subcontractors, shall comply with Article 2, Chapter 64, of the <br /> North Carolina General Statutes. <br /> k) Nothing in this Agreement shall be construed to mandate purchase of insurance <br /> by any Party pursuant to N.C.G.S. 153A-435 or N.C.G.S. 160A-485; or to be <br /> inconsistent with Wake County's "Resolution Regarding Limited Waiver of <br /> Sovereign Immunity" enacted October 6, 2003; or to in any other way waive any <br /> Parry's defense of sovereign or governmental immunity from any cause of action <br /> alleged or brought against any Party for any reason if otherwise available as a <br /> matter of law. <br /> 1) No officer, agent or employee of any party will be subject to any personal liability <br /> or accountability by reason of the execution of this Agreement or any other <br /> documents related to the transactions contemplated hereby. Such officers, agents <br /> or employees will be deemed to execute such documents in their official <br /> capacities only, and not in their individual capacities. This section will not relieve <br /> August 7, 2018 Page 15 of 35 <br />