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 Maieure . 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 j
<br /> 9
<br /> Global Operating Agreement for Transit Capital Infrastructure
<br /> Orange County, FY2025
<br /> Contract # YMM
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