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DocuSign Envelope ID: F396A7D5-62F3-4B5B-A968-F49AA5397EFF <br /> 64 of the North Carolina General Statutes. Owner also certifies that they have not <br /> been identified, and have not utilized the services of any agent or subcontractor, on <br /> the list created by the State Treasurer pursuant to G.S. § 147-86.58. <br /> 13. No Joint Venture or Agency. The County, the Owner each agree and acknowledge <br /> that nothing contained herein or otherwise, including, without limitation, any act of <br /> the County, the Owner 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 Owner 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 Owner be a waiver by the County of its rights and remedies with respect to that or <br /> 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 /> Owner 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 Owner 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 Owner 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 /> 18. Headings. Headings are for convenience only and shall not be used to interpret or <br /> construe its provision. <br />