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<br /> It is the intent of this section to require OTC to indemnify the County to the extent <br />permitted under North Carolina Law. <br />SECTION TEN <br />MISCELLANEOUS <br /> <br />It is agreed that this Agreement shall be governed by, construed and enforced in <br />accordance with the laws of the State of North Carolina. <br /> <br />OTC shall not issue sublicenses for the use of the Fairview Park tennis courts described <br />herein. Any sublicenses shall be void and any attempt to issue a sublicense shall constitute <br />breach of this Agreement. <br /> <br />An OTC Representative shall meet during the term of this agreement with the County <br />Manager or County Manager’s designee to review this Agreement, Discuss the Parties’ <br />compliance therewith, review proposed special OTC events as described in Section One (C), and <br />discuss suggested modifications thereto. Any cases of sustained court damage from possible <br />overuse will also be evaluated at this meeting. <br /> <br />The failure of the County to require compliance by the OTC with any provisions of this <br />Agreement or the waiver by the County of any breach of this Agreement shall not constitute a <br />waiver of any claim for damages by the county for any breach of this Agreement or a waiver of <br />any other required compliance with the terms of this Agreement. <br /> <br />Any modifications of this Agreement or additional obligation assumed by either party in <br />connection with this agreement shall be binding only if evidenced in writing signed by each <br />party or an authorized representative of each party. <br /> <br />By signing below the representative of the OTC warrants that he/she is authorized to <br />execute this Agreement on behalf of OTC, and that he/she has obtained all authorizations, <br />approvals, and resolutions from OTC that are necessary to duly bind OTC to this Agreement. <br /> <br /> <br />SIGNATURE PAGE TO FOLLOW <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: 3F28A26A-2178-4098-A7DA-F4ED3AFC8E81