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6. NO LIABILITY OF CATERER: Caterer shall not be liable to Client or any other person or entity for <br />any claim, demand, loss, or expenses resulting from Caterer being unable to fulfill any or all terms, <br />conditions or obligations under this Contract arising or because of war, riot, strike, flood, act of <br />God, governmental action, or any other action, omission or condition which is beyond the control <br />of Caterer or its staff. In the event of such action or condition, the terms of the Cancellation and <br />Changes provisions hereinabove shall control. <br />7. GENERAL PROVISIONS: <br />A. Binding Effect and Jurisdiction. This Contract shall be binding on and ensure to the benefit of <br />the parties hereto, their respective officers, owners, heirs, administrators, personal <br />representatives, successors and permitted assigns and shall be interpreted insofar as is <br />possible in accordance with the laws of the State of North Carolina. Each party hereby submits <br />themselves to the jurisdictions of the courts of the State of North Carolina in any future action <br />brought by either of them to enforce any provision of this Contract, with proper venue for any <br />state court action being laid in Orange County, North Carolina and in the Middle District of <br />North Carolina for any federal court action. <br /> <br />B. Voluntary Act. Each party acknowledges that they have read this Contract and understand its <br />contents and provisions; that it is fair and reasonable to each of them, having due regard to <br />the conditions and circumstances of the parties hereto as of the date hereof; that it is entered <br />into of their own free will and volition and that no coercion, force, pressure, or undue influence <br />has been used in the execution of this Contract, either by the other party hereto or by any <br />other person or persons. Any individual signing this instrument on behalf of a corporate entity <br />warrants and represents that (s)he has the authority to act and bind said entity to the terms <br />and conditions of this instrument. <br /> <br />C. No Presumption against Drafting Party. Notwithstanding the presumption of law whereby an <br />ambiguity or conflict in provisions shall be construed against the drafter, the parties hereto <br />agree that although one party may have generated this Contract, this Contract has been <br />heavily negotiated and they have equally participated in the drafting of this Contract. <br />Therefore, such presumption shall not be applied if any provision or term of this Contract <br />requires judicial interpretation. <br /> <br />D. Severability. It is expressly understood and agreed that in the event of any one or more of the <br />provisions of this Contract shall be unenforceable for any reason, the remaining portions of <br />this Contract shall, nevertheless, remain in full force and effect, and the unenforceable <br />provision or provisions shall be modified so as to be valid, legal, and enforceable but only so <br />much as to most nearly retain the intent of the parties. In the event of conflict between the <br />terms and conditions of this Contract and applicable federal, state, or local laws, rules or <br />regulations, the offending terms of this Contract will be deemed stricken and null and void. <br /> <br />E. Prevailing Party Suit Costs. In the event either party shall institute an action to enforce a <br />provision of this Contract, the prevailing party shall be entitled to recover suit costs, including <br />reasonable attorneys’ fees, from the non-prevailing party. <br /> <br />F. Interest. In the event of non-payment, then Caterer shall have the right to collect from Client <br />an interest charge at the rate of one and one-half percent (1.5%) per month on any <br />outstanding balance due until paid. <br /> <br /> <br /> <br />DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F