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Memorandum of Agreement <br />Triangle Water Supply Partnership <br />August 7, 2018 Page 15 of 35 <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 /> <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 /> <br />h) There are no third-party beneficiaries to this Agreement. <br /> <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 /> <br />j) The Parties, and all subcontractors, shall comply with Article 2, Chapter 64, of the <br />North Carolina General Statutes. <br /> <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 />Party’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 /> <br />l) 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 />19