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<br />ARTICLE 6 -MISCELLANEOUS PROVISIONS <br />6,1 ASSIGNMENT: The COLiNTY shall perform the selected Services provided for in this <br />Agreement exclusively and solely for the TOWN which is a party to this Agreement. Neither <br />party shall have the right to assign this Agreement. <br />6.2 WAVER: The waiver by either party of any failure on the part of the other party to perform in <br />accordance with any of the terms or conditions of this Agreement shat] not be conshved as a <br />waiver of any future or continuing similar or dissimilar failure. <br />6 3 SL^VERABILITY: The invalidity of any provision of this Agreement shall in no way affect the <br />validity of any outer provision. <br />6 4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and <br />includes all prior negotiations, agreements or understandings applicable to the matters contained <br />herein and the parties agree that there are no contmihnents, agreements or understandings <br />concerning the subject matter of this Agreement that are not contained in this document. <br />Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any <br />prior representations of agreements, whether oral or written. <br />6 5 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the <br />terms or conditions contained herein, excluding fee schedule, shall be effective unless contained in <br />a written document executed with the same formality and of equal dignity herewith. <br />6.6 CHOICE OF LAW; WAIVER OF JURY TRIAL.: Any conttoversies or legal problems arising <br />out of this transaction and any action involving the enforcement or interpretation of any rights <br />hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina, <br />with venue in Orange County, and shall be governed by the laws of the State of North Carolina. <br />To encourage prompt and equitable resolution of any litigation that may arise hereunder, each <br />party hereby waives any rights it may have to a trial by jury of any such litigation- <br />6 7 DRAFTING: This Agreement has been negotiated and drafted by all patties hereto and shall not <br />be more strictly construed against any party because of such party's preparation of this <br />Agreement <br />