Orange County NC Website
DocuSign Envelope ID:002619DF-54F2-4EEA-B4A8-14714544BAC0 <br /> County, the Owner under this Agreement, shall be deemed or construed to create any <br /> 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 the <br /> Owner be a waiver by the County of its rights and remedies with respect to that or any <br /> other breach. <br /> 15. 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 /> 16. 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, The 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 a <br /> lawful manner, such invalid, illegal or unenforceable provision. If the County, the <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 /> 17. Equal Opportunity. The Owner shall not discriminate against any employee or <br /> applicant 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. <br /> 18. Headings. Headings are for convenience only and shall not be used to interpret or <br /> construe its provision. <br /> 19. Gender: Singular and Plural. As used herein,the neuter gender includes the feminine <br /> and masculine. The masculine includes the feminine and neuter, and the feminine <br /> includes the masculine and neuter and each includes a corporation,partnership or other <br /> legal entity when the context so requires. The singular number includes the plural and <br /> vice versa, whenever the context so requires. <br />