Orange County NC Website
Browse       Search
all claims of its contractors . By executing this Agreement Grantee affirms that they <br /> and any subcontractors of Grantee are and shall remain in compliance with Article 2 <br /> of Chapter 64 of the North Carolina General Statutes . Grantee also certifies that they <br /> 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 /> 13 . No Joint Venture or Agency. The County, the Grantee each agree and acknowledge <br /> that nothing contained herein or otherwise, including , without limitation, any act of <br /> the County, the Grantee under this Agreement, shall be deemed or construed to create <br /> any relationship of joint venture, partnership or agency between the parties . <br /> 14 . 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 the Grantee of any of its obligations , agreements , or <br /> covenants hereunder, shall be a waiver of such affected term or condition or of such <br /> breach ; nor shall any forbearance by the County to seek a remedy for any breach by <br /> the Grantee be a waiver by the County of its rights and remedies with respect to that <br /> or any other breach . <br /> 15 . Governing Law . This Agreement shall be construed in accordance with and <br /> governed by the laws of the State of North Carolina . Any litigation arising out of this <br /> Agreement shall be brought in courts sitting in North Carolina, with venue in Orange <br /> County . <br /> 16 . Severability . The provisions of this Agreement are independent of and separable <br /> from each other, and no provision shall be affected or rendered invalid or <br /> unenforceable by the fact that for any reason any other provision may be invalid or <br /> unenforceable in whole or in part . If any provision of this Agreement or the <br /> application thereof to any person or circumstances shall , to any extent, be or become <br /> invalid or unenforceable, the remainder of this Agreement, or the application of such <br /> provision to persons or circumstances other than those as to which it is held invalid or <br /> unenforceable , shall not be affected thereby, and each provision of this Agreement <br /> shall be valid and be enforced to the fullest extent permitted by law. The County, The <br /> Grantee agree to substitute for such provision of this Agreement or the application <br /> thereof determined to be invalid or unenforceable , such other provision as most <br /> closely approximates , in a lawful manner, such invalid, illegal or unenforceable <br /> provision . If the County, the Grantee cannot agree , they shall apply to a court of <br /> competent jurisdiction to substitute such provision as the court deems reasonable and <br /> judicially valid , legal and enforceable . Such provision determined by the court shall <br /> automatically be deemed part of this Agreement ab initio . <br /> 17 . Equal Opportunity. The Grantee shall not discriminate against any employee or <br /> applicant for employment because of race , color, religion, sex, national origin, <br /> political affiliation or belief, age, handicap , or familial status in the implementation of <br /> the Project . <br /> 10 <br />