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12 <br /> delivered either in person, by email, by facsimile, by registered or certified mail, or by <br /> commercial courier service. All notices shall be effective upon the date of receipt. <br /> 23. Any provision or part of this Agreement held to be void or unenforceable under any <br /> Laws or Regulations shall be deemed stricken and all remaining provisions shall <br /> continue to be valid and binding upon the Parties. The Parties agree that the <br /> Agreement shall be reformed to replace such stricken provision or part thereof with a <br /> valid and enforceable provision that comes as close as possible to expressing the <br /> intention of the stricken provision. <br /> 24. That this Agreement shall be binding upon and inure to the benefit of the parties and <br /> their respective successors, legal representatives and assigns, but this Agreement <br /> may not be assigned by either party without prior written consent of the other party, <br /> which may be withheld in the sole discretion of a party. <br /> 25. No act or failure to act by the County or the Fire Department shall constitute a waiver <br /> of any right or duty granted to the Parties by the terms of this Agreement. Nor shall <br /> any act or failure to act constitute any approval except as specifically agreed to in <br /> writing. <br /> 26. This Agreement and the duties, responsibilities, obligations and rights of respective <br /> parties hereunder shall be governed by the laws of the State of North Carolina. By <br /> executing this Agreement Fire Department affirms that Fire Department is and shall <br /> remain in compliance with Article 2 of Chapter 64 of the North Carolina General <br /> Statutes. By executing this Agreement Fire Department certifies that Fire Department <br /> has not been identified, and has not utilized the services of any agent or subcontractor <br /> identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By <br /> executing this Agreement Fire Department certifies that they have not been identified, <br /> and has not utilized the services of any agent or subcontractor identified, on the list <br /> created by the State Treasurer pursuant to G.S. 147-86-81. <br /> 27. Fire Department shall at all times remain in compliance with all applicable local, state, <br /> and federal laws, rules, and regulations including but not limited to all state and federal <br /> non-discrimination laws, policies, rules, and regulations and the Orange County Non- <br /> Discrimination Policy and Orange County Living Wage Policy (each policy is <br /> incorporated herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing division/contracts.php.) <br /> Any violation of the Orange County Non-Discrimination Policy is a breach of this <br /> Agreement and County may immediately terminate this Agreement without further <br /> obligation on the part of the County. This paragraph is not intended to limit and does <br /> not limit the definition of breach to discrimination. <br /> 28. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages <br /> with respect to any provision of, or the performance or non-performance of, this <br /> Agreement shall be brought in the General Court of Justice of North Carolina sitting in <br /> Orange County, North Carolina. It is agreed by the parties that no other court shall <br /> have jurisdiction or venue with respect to such suits or actions. Binding arbitration may <br /> not be initiated by either Party, however, the Parties may agree to nonbinding <br /> mediation of any dispute prior to the bringing of such suit or action. <br /> 8 <br />