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26 <br /> 13.11 Rights Cumulative: No Waiver. No right or remedy herein conferred upon <br /> or reserved to either of the parties to this Agreement is intended to be exclusive of any other <br /> right or remedy, and each and every right and remedy shall be cumulative and in addition <br /> to any other right or remedy given under this Agreement or now or hereafter legally <br /> existing upon the occurrence of an event of default under this Agreement. The failure <br /> of either party to this Agreement to insist at any time upon the strict observance or <br /> performance of any of the provisions of this Agreement, or to exercise any right or remedy <br /> or be construed as a waiver or relinquishment of such right or remedy with respect to <br /> subsequent defaults. Every right and remedy given by this Agreement to the parties may be <br /> exercised from "time to time" and as often as may be deemed expedient by those parties. <br /> 13.12 Applicable Law. This Agreement and its execution, interpretation, and <br /> performance shall in all respects be controlled and governed by the laws of the State of <br /> North Carolina. Any civil action or legal proceeding arising out of or relating to this <br /> Agreement shall be brought in the General Court of Justice sitting in Orange County, North <br /> Carolina. Each party consents to the sole and proper jurisdiction of such court in any such <br /> civil action or legal proceeding and waives any objection to the laying of venue of any such <br /> civil action or legal proceeding in such court. Binding arbitration may not be initiated by <br /> either party, however, the parties may agree to nonbinding mediation of any dispute prior to <br /> the bringing of a suit or action. <br /> 13.13 Acknowledgement. The parties hereto acknowledge that they have been <br /> provided with a copy of this Agreement for review prior to signing it, that they have been <br /> given the opportunity to review it prior to signing it, that they have been given the opportunity <br /> to have this Agreement reviewed by their attorney prior to signing it, and that they understand <br /> the purposes and effect of this Agreement. <br /> 13.14 Severability. If any provision or provisions of this Agreement shall be held <br /> to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other <br /> provisions of this Agreement, and this Agreement shall be construed and enforced as if <br /> such provision or provisions had not been included. <br /> 13.15 Intellectual Property. Owner acknowledges that Manager has certain <br /> intellectual property, trade secrets, and proprietary business techniques ("Intellectual <br /> Property") that it will use on behalf of Owner to meet its obligations under this Agreement. <br /> Owner acknowledges that it obtains no ownership rights whatsoever in any Intellectual <br /> Property of Manager existing prior to the Effective Date and, upon termination of this <br /> Agreement, Manager shall retain all rights to such Intellectual Property and remove such <br /> Intellectual Property from the Facility and its operations. For purposes of this Agreement, <br /> the term Intellectual Property shall include, without limitation, analytical tools and <br /> documented procedures for forecasting, performance tracking, operational and marketing <br /> systems that are unique to Manager's approach, staff training programs, program curriculum <br /> and agendas, rights to certain discounts or programs that Manager has negotiated for <br /> Manager-operated facilities, and other intellectual property which Manager has previously <br /> introduced to the Facility and of which Manager is an author. The term Intellectual Property <br /> also includes anything Manager makes, creates, or has made or created that is Facility- <br />