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93 <br /> communications, representations or agreements, either oral or written between the Parties <br /> hereto with respect to the subject matter hereof. <br /> Notwithstanding the foregoing, in the event of any inconsistency or conflict between this <br /> Agreement and the Comprehensive Participation Agreement or the Governance ILA, the <br /> terms of the Comprehensive Participation Agreement and Governance ILA have <br /> precedence. <br /> 14. Dispute Resolution: <br /> In the event of conflict or default that might arise for matters associated with this <br /> Agreement, the Parties agree to informally communicate to resolve the conflict. If any such <br /> dispute cannot be informally resolved, then such dispute, or any other matter arising under <br /> this Agreement, shall be subject to resolution in a court of competent jurisdiction. Such <br /> disputes, or any other claims, disputes or other controversies arising out of, and between <br /> the Parties shall be subject to and decided exclusively by the appropriate general court of <br /> justice of Orange County, North Carolina. <br /> 15. No Waiver of Non-Compliance with Agreement: <br /> No provision of this Agreement shall be deemed to have been waived by any Party hereto <br /> unless such waiver shall be in writing and executed by the same formality as this <br /> Agreement. The failure of any Party hereto at any time to require strict performance by the <br /> other Party of any provision hereof shall in no way affect the right of the other Party to <br /> thereafter enforce the same. In addition, no waiver or acquiescence by a Party hereto of <br /> any breach of any provision hereof by another Party shall be taken to be a waiver of any <br /> succeeding breach of such provision or as a waiver of the provision itself. <br /> 16. Force Majeure. The performance of each Party hereunder shall be excused for such <br /> period of time as performance is delayed due to force majeure. If any Party hereto is <br /> delayed in the completion of its obligations hereunder by the act, delay in providing <br /> approval, or default of the other Parties through no fault of the delayed Party, or by acts of <br /> God (which shall be deemed to include weather delays caused by rainfall, snow or other <br /> factors in excess of such weather for the season in which such performance is to occur that <br /> actually cause a delay in performance, fire, strikes, lockouts, unavoidable casualties, war, <br /> acts of terrorism, civil commotion, fire or other casualty, theft of materials, unseasonable <br /> shortages of materials or supplies, pandemic, epidemic, or any other cause whatsoever <br /> beyond the commercially reasonable control of the delayed Party then the time herein fixed <br /> for completion of such obligations shall be extended by the number of days that the delayed <br /> Party has thus been delayed. The delayed Party shall provide the other Parties hereto with <br /> written notice of any delay within ten (10) days after commencement of such delay; <br /> provided, however, that only one notice is necessary in the case of a continuing delay. <br /> 17. Compliance Non-Discrimination Law and Policy. Parties shall not discriminate against <br /> any contractor, employee, or applicant for employment because of age, race, sex, sexual <br /> orientation, gender identity or expression, creed, national origin or ancestry, marital or <br /> familial status, pregnancy, military status, religious belief or non-belief, or disability. Parties <br /> 9 <br /> Global Operating Agreement for Transit Capital Infrastructure <br /> Orange County, FY2025 <br /> Contract#YY-XXX <br />