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DocuSign Envelope ID:66F168C2-3C54-4274-9428-4F16B3F1802A <br /> harmless from all claims of its contractors. By executing this Agreement Owner affirms <br /> that they and any subcontractors of Owner are and shall remain in compliance with <br /> Article 2 of Chapter 64 of the North Carolina General Statutes. Owner also certifies that <br /> they have not been identified, and have not utilized the services of any agent or <br /> subcontractor, on the list created by the State Treasurer pursuant to G.S. § 147-86.58. <br /> M. No Joint Venture or Agency. The County and CHT each agree and acknowledge that <br /> nothing contained herein or otherwise, including, without limitation, any act of the <br /> County and CHT under this Agreement, shall be deemed or construed to create any <br /> relationship of joint venture, partnership or agency between the parties. <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 CHT of 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 CHT be 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 <br /> the fact that for any reason any other provision may be invalid or unenforceable in <br /> whole or in part. If any provision of this Agreement or the application thereof to any <br /> person or circumstances shall, to any extent, be or become invalid or unenforceable, the <br /> remainder of this Agreement, or the application of such provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable, shall not <br /> be affected thereby, and each provision of this Agreement shall be valid and be enforced <br /> to the fullest extent permitted by law. The County and CHT agree to substitute for such <br /> provision of this Agreement or the application thereof determined to be invalid or <br /> unenforceable, such other provision as most closely approximates, in a lawful manner, <br /> such invalid, illegal or unenforceable provision. If the County and CHT cannot agree, <br /> they shall apply to a court of competent jurisdiction to substitute such provision as the <br /> court deems reasonable and judicially valid, legal and enforceable. Such provision <br /> determined by the court shall automatically be deemed part of this Agreement ab initio. <br /> Q. Equal Opportunity. CHT shall not discriminate against any employee or applicant for <br /> employment because of race, color, religion, sex, national origin, political affiliation or <br /> 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 /> 10 <br />