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10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement <br /> incorporates and includes all prior negotiations, agreements or understandings applicable to the <br /> matters contained herein and the parties agree that there are no commitments, agreements or <br /> understandings concerning the subject matter of this Agreement that are not contained in this <br /> document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated <br /> upon any prior representations of agreements, whether oral or written. <br /> 10.5. MODIFICATION: It is further agreed that no modifications, amendments or <br /> alterations in the terms or conditions contained herein shall be effective unless contained in a <br /> written document executed with the same formality and of equal dignity herewith. This section <br /> shall not apply to the Orange County Fee Schedule attached hereto as Exhibit A. <br /> 10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes <br /> arising out of this transaction and any action involving the enforcement or interpretation of any <br /> rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North <br /> Carolina, seated at Orange County, North Carolina, and shall be governed by the laws of the <br /> State of North Carolina. To encourage prompt and equitable resolution of any litigation that may <br /> arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such <br /> litigation and will submit to bench trial. <br /> 10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and <br /> shall not be more strictly construed against any party because of such party's preparation of this <br /> Agreement. <br /> 10.8. RECORDING: This Agreement may be recorded in the public records of Orange <br /> County, in accordance with the North Carolina General Statutes. <br /> IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement <br /> Between Orange County and Town of Hillsborough for selected Services to be Performed by the <br /> Orange County Planning and Inspections Department, Building Division on the respective dates <br /> under each signature: Orange County through its Board of County Commissioners, signing by <br /> and through its Chair or Vice Chair, authorized to execute same by Board action on the 5th day of <br /> May, 2015 and the Town, signing by and through its Town Manager, authorized to execute same <br /> by Town Board of Commissioners action on the 13th day of April, 2015. <br /> Orange County,North Carolina <br /> ,1;�-,J 44 - &J-- <br /> Ear McKee, Chair,Board of Commissioners <br /> ATTEST: <br /> Donna S. er, Cle&46 the"BoaicT <br /> Orange County Board of Commissioners <br /> 6 <br />