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shall take affirmative action to ensure that qualified applicants are employed and that <br /> employees are treated fairly and legally during employment with regard to their age , race <br /> sex , sexual orientation , gender identity or expression , creed , national origin or ancestry , <br /> marital or familial status , pregnancy , military status , religious belief or non - belief, or <br /> disability . In the event Implementing Party is determined by the final order of an appropriate <br /> agency or court to be in violation of any non - discrimination provision of federal , state or <br /> local law or this provision , this Agreement may be canceled , terminated or suspended in <br /> whole or in part by COUNTY . Implementing Party certifies that Implementing Party <br /> shall abide by Orange County Ordinance Article I , Sections 15 =1 through 15 -85 . <br /> Failure to abide by said Ordinance is a breach of this Agreement and grounds for <br /> terminating the Agreement for cause and without fault or liability to COUNTY . <br /> II <br /> 18 . Governing Law : <br /> The Parties intend that this Agreement be governed by the law of the State of North <br /> Carolina . Proper venue for any action shall solely be Orange County . j <br /> 19 . Assignment : <br /> No Party may sell or assign any interest in or obligation under this Agreement without the <br /> prior express written consent of the other Parties . <br /> 20 . Independence of the Parties : <br /> Nothing herein shall be construed to modify , abridge , or deny the authority or discretion of <br /> any Party to independently develop , administer , or control transportation projects pursuant <br /> to enumerated authority or funding sources separate from those in this Agreement . <br /> c <br /> 21 . Execution in Counterparts/ Electronic Version of Agreement : <br /> This Agreement may be executed in any number of counterparts , each of which shall be <br /> an original and all of which shall constitute but one and the same instrument . Any Party <br /> may convert a signed original of the Agreement to an electronic record pursuant to a North <br /> Carolina Department of Natural and Cultural Resources approved procedure and process <br /> for converting paper records to electronic records for record retention purposes . Such <br /> electronic record of the Agreement shall be deemed for all purposes to be an original <br /> signed Agreement . <br /> 22 . No Waiver of Sovereign Immunity : <br /> Nothing in this Agreement shall be construed to mandate purchase of insurance by any <br /> municipality pursuant to N . C . G . S . 160A485 ; or to in any other way waive any Party ' s <br /> defense of sovereign or governmental immunity from any cause of action alleged or brought <br /> against any Party for any reason if otherwise available as a matter of law . <br /> 23 . No Waiver of Qualified Immunity : <br /> No officer , agent or employee of any Party shall be subject to any personal liability by reason <br /> 10 <br /> Global Operating Agreement for Transit Capital Infrastructure <br /> Orange County, FY2025 <br /> Contract # YY-XXX <br />