Orange County NC Website
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 any similar contingency beyond its control, and any <br /> or approvals , threat and/or acts of terrorism, <br /> failure or delay in the performance of the respective obligations of the parties due to a Force Maj eure <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 />