information from the Company (except as expressly provided in Section 2B and Section 5
<br /> hereof) .
<br /> E . 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 Chapter 66 .
<br /> F . AUTHORITY : The Parties and each person executing this Agreement on behalf thereof
<br /> represent and warrant that they have the full right and authority to enter into this Agreement,
<br /> which is binding, and to sign on behalf of the party indicated, and are acting on behalf of
<br /> themselves , the constituent members and the successors and assigns of each of them . The Parties
<br /> shall reasonably assist one another and cooperate in the defense (should any defense ever be
<br /> necessary) of this Agreement and/or the incentives granted hereunder, so as to support and in no
<br /> way undercut the same .
<br /> G . FORCE MAJEURE : Subject to the provisions of Section 6 of this Agreement neither party
<br /> shall be liable for non- compliance with its contractual obligations hereunder, if and to the extent
<br /> such non- compliance is directly attributable to events of force majeure . Events of force majeure
<br /> are events or causes which are not under a party ' s reasonable control that render the execution of
<br /> a patty ' s obligations impossible , including, but not limited to : (i) fire ; (ii) hurricanes , tornados ,
<br /> floods , and other weather events beyond normal conditions , including any such weather events
<br /> declared/determined by the National Oceanic and Atmospheric Conditions ; (III) strikes , lockouts
<br /> or other labor or industrial disturbances ; (iv) national emergency, state declaration of
<br /> emergency, civil disturbance , act of public enemy, war, riot, terrorism sabotage or embargo ; (v)
<br /> earthquake , epidemic , pandemic , or other natural disaster or acts of God ; (vi) governmental
<br /> action or inaction; or (vii) any other similar occurrences or events outside the party ' s reasonable
<br /> control . Each party shall forthwith inform the other Parties of the occurrence of a Force Majeure
<br /> event preventing such party from complying with its contractual obligations . Force Majeure
<br /> does not include failure of the Company to secure permitting necessary for the project to
<br /> proceed .
<br /> 15 . COMPLIANCE WITH LAW
<br /> A . NON-DISCRIMINATION : Company shall at all times remain in compliance with all
<br /> applicable local , state , and federal laws , rules , and regulations including but not limited to all
<br /> state and federal anti - discrimination laws , policies , rules , and regulations and the Orange County
<br /> Non-Discrimination Policy . Company shall not discriminate against any person based on age ,
<br /> race , ethnicity, color, national origin, religion, creed, sex, sexual orientation, gender, gender
<br /> identity, gender expression, marital status , familial status , source of income , disability, political
<br /> affiliation, veteran status , disabled veteran status . Any violation of this requirement is a breach
<br /> of this Agreement and County may immediately terminate this Agreement without further
<br /> obligation on the part of the County . This Section is not intended to limit and does not limit the
<br /> definition of breach to discrimination .
<br /> B . E -VERIFY, ISRAEL BOYCOTT , AND IRAN DIVESTMENT : By executing this
<br /> Agreement Company affirms that Company, and any North Carolina Affiliates of Company, is
<br /> and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
<br /> Statutes . By executing this Agreement Company certifies that Company, and any North
<br /> Carolina Affiliates of Company, have not been identified, and have not utilized the services of
<br /> Page 10 of 17
<br />
|