Orange County NC Website
11 <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 <br /> 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 /> 9 <br /> Global Agreement for Transit Capital Infrastructure <br /> Go Triangle, FY2025 <br /> Contract#YY-XXX <br />