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DRAFT -HABRAT CONTRACT to <br />lzraonggt <br />15. A waiver of any breach of any provision of this Agreement shall not constitute or <br />operate es a waiver of any other breach of such provision or of any other <br />provisions, nor shall any failure to enforce any provision hereof operate as a waiver <br />of such provision or of any other provision. <br />1 fi. Thia Agreement is entered into and is to be performetl in the Stale of North <br />Carolina. County antl Developer agree that the law of the State of Nodh Caroline <br />shall govern the rights, obligations, tlu[ies antl liabilities of [he parties to Nis <br />Agreement and shall govern the interpretation of this Agreement For purposes of <br />this section, venue shall be in Orange Coumy. North Carolina. <br />1]. The Non-Prevailing Party shall be liable M the Prevailing party for all costs, <br />expenses, ariomeys' fees and damages a[ [he trial and appellate level, up to antl <br />Inclutling the U.S. Supreme court, which may be incunetl or susfainetl by the <br />Prevailing party by reason of the Non-Prevailing Partys breech of any of the <br />proviaione of this Agreement, whether or not litigation is involvetl in any such <br />breach. <br />18. All padiea to Nis Agreement have been represented by [heir respective counsel. <br />The parties hereto acknowletlge having reatl this Agreement antl tliswssetl [he <br />terms of this Agreement with their respective counsel and County, whh its eledetl <br />officials, and Net approval and exewtion of this Agreement has been matle freely <br />and voluntarily with full knowledge of its lapel eRect. <br />19. The Invalidity of one or more of the phreaea, sentences, clauses or Sections <br />contained in this Agreement shall not affect [he valitlity of the remaining portions of <br />the Agreement so long as the material purposes of this Agreement can be <br />tleterminetl and eRectuetetl. <br />20. All the terms, contlRions, provisions, andrepresen[ations containedin this <br />Agreement shall survive and trenscentl Ne execution antl tertnina[ion of this <br />Agreement. <br />21. Any tlispute between Ne parties of this Agreement may be referretl, et Ne request <br />of the County, for binding arbitration Nrou9h <br />B. Pre~COnetruetlon Requlremants <br />t The Developer shall engage a licensetl professional engineer [o prepare plans <br />and specifications for the conatmction of sanAery sewer improvements to serve <br />the Prolecl. <br />