Orange County NC Website
Browse       Search
9 <br /> 14. INDEPENDENT CONTRACTORS. Both parties shall be independent contractors unto one <br /> another. Nothing herein contained shall be construed to constitute the parties hereto as partners or as <br /> joint venturers, or either as agent of the other, and neither shall have power to obligate or bind the <br /> other in any manner whatsoever. <br /> 15. SIGNIFICANCE OF HEADINGS. Paragraph headings contained hereunder are solely for the <br /> purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in <br /> the construction of this Agreement. Accordingly, in case of any question with respect to the <br /> construction of this Agreement, it is to be construed as though such paragraph headings had been <br /> omitted. <br /> 16. SEVERABILITY. If this Agreement or any of its provisions is found to be illegal or unenforceable <br /> under the law now or hereafter in effect, then the parties shall be excused from the performance of <br /> such portions of this Agreement as shall be found to be illegal or unenforceable under the applicable <br /> laws or regulations,without affecting the validity of the remaining provisions of the Agreement. <br /> 17. FORCE MAJEURE. Neither party shall be liable for any delays, damages nor failure to act caused <br /> by a Force Majeure Event. A Force Majeure Event means an act of God, failure of any <br /> governmental or other regulatory agency or national sport governing body to grant necessary permits <br /> or approvals, threat and/or acts of terrorism, or any similar contingency beyond its control, and any <br /> failure or delay in the performance of the respective obligations of the parties due to a Force Majeure <br /> Event shall not be deemed a breach of this Agreement. <br /> 18. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between Sports <br /> Endeavors and Orange County relating to the subject matter hereof, and cannot be altered or <br /> modified except by an agreement in writing signed by both parties. Upon its execution, this <br /> Agreement shall supersede all prior negotiations,understandings and agreements regarding the <br /> Facility, whether oral or written, and such prior agreements shall thereupon be null and void without <br /> further legal effect. Any terms inconsistent with or additional to the terms and conditions set forth in <br /> this Agreement which may be included with a purchase order, acknowledgement, invoice or the like, <br /> of either party shall not be binding on the other party hereto. This Agreement may be executed in <br /> two (2) or more counterparts, each of which will be considered an original, but all of which will <br /> constitute one and the same Agreement. The parties agree that faxed signature copies shall be <br /> legally binding. <br /> 19. GOVERNING LAWS. This Agreement shall be governed by and construed in accordance with the <br /> laws of the State of North Carolina applicable to contracts entered into and wholly to be performed <br /> with the State of North Carolina. <br /> 20. NO THIRD PARTY BENFICIARIES. Unless otherwise specifically provided herein, no person <br /> or entity that is not a party to this Agreement will have any equitable or other rights by virtue of this <br /> Agreement. <br /> IN WITNESS WHEREOF, the parties have caused their authorized representative to execute this <br /> Agreement as of the date first above written. <br /> Sports Endeavors, Incorporated Orange County <br /> Page 7 of 12 <br />