Orange County NC Website
Browse       Search
July 2024 3 <br />c. Suspension. Orange SWCD may suspend this Agreement at any time for Orange SWCD’s <br />convenience. <br /> <br />8. Additional Provisions <br /> <br />a. Limitation and Assignment. Orange SWCD and the Property Owner each bind themselves, <br />their successors, assigns, and legal representatives to the terms of this Agreement. Neither <br />Orange SWCD nor the Property Owner shall assign or transfer its interest in this <br />Agreement without the written consent of the other. <br /> <br />b. Governing Law. This Agreement and the duties, responsibilities, obligations, and rights of <br />respective parties hereunder shall be governed by the laws of the State of North Carolina. <br /> <br />c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with <br />respect to any provision of, or the performance or non-performance of, this Agreement <br />shall be brought in the General Court of Justice of North Carolina sitting in Orange County, <br />North Carolina. It is agreed by the parties that no other court shall have jurisdiction or <br />venue with respect to such suits or actions. Binding arbitration may not be initiated by <br />either Party, however, the Parties may agree to nonbinding mediation of any dispute prior <br />to the bringing of such suit or action. <br /> <br />d. Entire Agreement. This Agreement represents the entire and integrated agreement between <br />Orange SWCD and the Property Owner and supersedes all prior negotiations, <br />representations or agreements, either written or oral. This Agreement may be amended <br />only by written instrument signed by both parties. Modifications may be evidenced by <br />facsimile signatures. <br /> <br />e. Severability. If any provision of this Agreement is held as a matter of law to be <br />unenforceable, the remainder of this Agreement shall be valid and binding upon the <br />Parties. <br /> <br />f. Non-Appropriation. Property Owner acknowledges that Orange County and Orange <br />SWCD are governmental entities, and the validity of this Agreement is based upon the <br />availability of StRAP funding under the authority of its statutory mandate. <br /> <br />In the event that StRAP funds are unavailable for the performance of Orange SWCD’s <br />obligations under this Agreement, then this Agreement shall automatically expire without <br />penalty to Orange SWCD or Orange County immediately upon written notice to Property <br />Owner of the unavailability of funds. <br /> <br />In the event of a change in Orange SWCD or Orange County’s statutory authority, mandate <br />and/or mandated functions, by state and/or federal legislative or regulatory action, which <br />adversely affects either Orange SWCD or Orange County’s authority to continue its <br />obligations under this Agreement, then this Agreement shall automatically terminate <br />without penalty to Orange SWCD or Orange County upon written notice to Property Owner <br />of such limitation or change in Orange SWCD or Orange County’s legal authority. <br />Docusign Envelope ID: E7D206D1-3367-4A53-AC91-ECC1E00320CB