Orange County NC Website
7 <br />Revised July 2021 <br />11. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of <br />respective parties hereunder shall be governed by the laws of the State of North Carolina. <br />By executing this Agreement Provider affirms that Provider and any subcontractors of <br />Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North <br />Carolina General Statutes. By executing this Agreement Provider certifies that Provider <br />has not been identified, and has 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. By executing this <br />Agreement Provider certifies that Provider has not been identified, and has not utilized the <br />services of any agent or subcontractor identified, on the list created by the State Treasurer <br />pursuant to G.S. 147-86.81. <br /> <br />12. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with <br />respect to any provision of, or the performance or non-performance of, this Agreement <br />shall be brought in the General Court of Justice of North Carolina sitting in Orange County, <br />North Carolina. It is agreed by the parties that no other court shall have jurisdiction or <br />venue with respect to such suits or actions. Binding arbitration may not be initiated by <br />either Party, however, the Parties may agree to nonbinding mediation of any dispute prior <br />to the bringing of such suit or action. <br /> <br />13. 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 Parties. <br /> <br />14. Ownership of Work Product. Should Provider’s performance of this Agreement generate <br />documents, items or things that are specific to this Project such documents, items or things <br />shall become the property of the County and may be used on any other project without <br />additional compensation to the Provider. The use of the documents, items or things by the <br />County or by any person or entity for any purpose other than the Project as set forth in this <br />Agreement shall be at the full risk of the County. <br /> <br />15. Signatures. This Agreement together with any amendments or modifications may be <br />executed electronically. All electronic signatures affixed hereto evidence the intent of the <br />Parties to comply with Article 11A and Article 40 of North Carolina General Statute <br />Chapter 66. <br /> <br /> <br /> <br />[SIGNATURES ON FOLLOWING PAGE] <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 2F942916-2917-49B9-AD96-7F46FDC739BE