Orange County NC Website
Browse       Search
xi. 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 />Owner certifies by executing this Agreement that they have not been identified, and <br />have not utilized the services of any agent or subcontractor identified, on the list created <br />by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement <br />Owner certifies that they have not been identified, and have not utilized the services of <br />any agent or subcontractor identified, on the list created by the State Treasurer pursuant <br />to G.S. 147-86.81. By executing this Agreement Owner affirms they are and shall <br />remain in compliance with Article 2 of Chapter 64 of the North Carolina General <br />Statutes. <br /> <br />xii. 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, <br />the 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 <br />enforced to the fullest extent permitted by law. The County and Owner agree to <br />substitute for such provision of this Agreement or the application thereof determined <br />to be invalid or unenforceable, such other provision as most closely approximates, in <br />a lawful manner, such invalid, illegal or unenforceable provision. If the County and <br />Owner cannot agree, they shall apply to a court of competent jurisdiction to substitute <br />such provision as the court deems reasonable and judicially valid, legal and <br />enforceable. Such provision determined by the court shall automatically be deemed <br />part of this Agreement ab initio. <br /> <br />xiii. Equal Opportunity. Owner shall not discriminate against any employee or applicant <br />for employment because of race, color, religion, sex, national origin, political <br />affiliation or belief, age, handicap, or familial status in the implementation of the <br />Project. Owner shall at all times remain in compliance with all applicable local, state, <br />and federal laws, rules, and regulations including but not limited to all state and federal <br />anti-discrimination laws, policies, rules, and regulations and the Orange County Non- <br />Discrimination Policy and Orange County Living Wage Policy (each policy is <br />incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). <br />Any violation of this requirement is a breach of this Agreement and County may <br />immediately terminate this Agreement without further obligation on the part of the <br />County. This paragraph is not intended to limit and does not limit the definition of <br />breach to discrimination. <br /> <br />DocuSign Envelope ID: D30731DD-899C-4474-9F67-CBE9A191E199