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14 <br /> G. No assessments or special assessments for public improvements or otherwise have <br /> been levied or are not affecting the Property. <br /> H. To the best of ORFD's present knowledge, the Property is not within an area <br /> determined to be flood-prone under the Federal Flood Protection Act of 1973. <br /> ARTICLE VIII <br /> Remedies and Dispute Resolution <br /> A. Concerning Remedies. The remedies provided for in this Agreement are exclusive <br /> and cumulative. The exercise of a particular remedy does not preclude the exercise <br /> of any or all other available remedies herein except as provided herein.No delay in <br /> the exercise of a remedy shall constitute a waiver of that remedy. Nothing in this <br /> Agreement is intended to relieve a party from its common law duty to mitigate <br /> damages. <br /> B. Disputes.The Parties shall attempt in good faith to resolve any dispute,controversy <br /> or claim arising out of this Agreement between them by negotiations by those <br /> persons of ORFD and the County who have authority to act and who will promptly <br /> meet for negotiations to attempt to settle the dispute. <br /> ARTICLE IX <br /> Miscellaneous <br /> A. Assignment. The rights under this Agreement may be transferred and assigned <br /> only upon the written consent of the non-assigning Party. <br /> B. Fees and Expenses. Except as may be specifically provided in this Agreement, <br /> each Party will be responsible for his or its own legal fees and expenses incurred <br /> in connection with the transactions contemplated by this Agreement. <br /> C. Governing Law. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of North Carolina. Any dispute regarding <br /> this Agreement shall be filed in a court of competent jurisdiction located in <br /> Orange County,NC. <br /> D. Counterparts. This Agreement may be executed in any number of counterparts, <br /> each of which shall be deemed an original, but all of which together shall be <br /> deemed to be one and the same document. A signed copy of this Agreement <br /> delivered by facsimile, email or other means of electronic transmission shall be <br /> deemed to have the same legal effect as delivery of an original signed copy. <br /> E. Amendment. This Agreement shall not be amended except by a written <br /> 12 <br />