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DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 <br /> (each policy is incorporated herein by reference and may be viewed at <br /> http://www.oran ec�ountync. og v/departments/purchasing_division/contracts.php.) Any <br /> violation of this requirement is a breach of this Agreement and County may immediately <br /> terminate this Agreement without further obligation on the part of the County. This <br /> paragraph is not intended to limit and does not limit the definition of breach to <br /> discrimination. By executing this Agreement Provider affirms that Provider and any <br /> subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter <br /> 64 of the North Carolina General Statutes. By executing this Agreement Provider <br /> certifies that Provider has not been identified, and has not utilized the services of any <br /> agent or subcontractor identified, on the list created by the State Treasurer pursuant to <br /> G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not <br /> been identified, and has not utilized the services of any agent or subcontractor identified, <br /> on the list created by the State Treasurer pursuant to G.S. 147-86.81. <br /> d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages <br /> with respect to any provision of, or the performance or non-performance of, this <br /> Agreement shall be brought in the General Court of Justice of North Carolina sitting in <br /> Orange County, North Carolina. It is agreed by the parties that no other court shall have <br /> jurisdiction or venue with respect to such suits or actions. Binding arbitration may not <br /> be initiated by either Party, however, the Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing of a suit or action. <br /> e. Entire Agreement. This Agreement represents the entire and integrated agreement <br /> between the County and the Provider and supersedes all prior negotiations, <br /> representations or agreements, either written or oral. This Agreement may be amended <br /> only by written instrument signed by both parties. Modifications may be evidenced by <br /> facsimile signatures. <br /> f. Severability. If any provision of this Agreement is held as a matter of law to be <br /> unenforceable, the remainder of this Agreement shall be valid and binding upon the <br /> Parties. <br /> g. Signatures. This Agreement together with any amendments or modifications may be <br /> executed electronically. All electronic signatures affixed hereto evidence the consent of <br /> the Parties to utilize electronic signatures and the intent of the Parties to comply with <br /> Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> h. Notices. Any notice required by this Agreement shall be in writing and delivered by <br /> certified or registered mail, return receipt requested to the following: <br /> Orange County Provider's Name &Address <br /> Attention: Christopher J. Sandt, P.E. Friends of Lake Orange <br /> P.O. Box 8181 4601 Eno Cemetery Road <br /> Hillsborough,NC 27278 Cedar Grove,NC 27231 <br /> EIN 26-3154340 <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Initial Waiver 8/18 3 <br />