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<br /> E. SIGNATURES: This Agreement together with any amendments or modifications may be
<br /> executed electronically. All electronic signatures affixed hereto evidence the intent of the
<br /> Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66.
<br /> F. AUTHORITY: The Parties and each person executing this Agreement on behalf thereof
<br /> represent and warrant that they have the full right and authority to enter into this Agreement,
<br /> which is binding, and to sign on behalf of the Party indicated, and are acting on behalf of
<br /> themselves, the constituent members and the successors and assigns of each of them. The Parties
<br /> shall reasonably assist one another and cooperate in the defense(should any defense ever be
<br /> necessary) of this Agreement and the incentives granted hereunder, so as to support and in no
<br /> way undercut the same.
<br /> G. FORCE MAJEURE: Subject to the provisions of Section 6 neither Party shall be liable
<br /> towards the other Party for non-compliance with its contractual obligations hereunder, if and to
<br /> the extent such non-compliance is directly attributable to events of force majeure. Events of
<br /> force majeure are events or causes which are not under a Party's reasonable control and render
<br /> the execution of a Party's obligations impossible. Each Party shall forthwith inform the other
<br /> Parties of the occurrence of a force majeure event preventing such Party from complying with its
<br /> contractual obligations. Force Majeure does not include failure of the Company to secure
<br /> permitting necessary for the project to commence, continue, or proceed or any other
<br /> governmental regulatory action.
<br /> H.NO THIRD PARTY BENEFICIARIES: This Agreement shall be for the sole benefit of the
<br /> County and the Company and their respective successors and permitted assigns and is not
<br /> intended, and shall not be construed,to give any other person, company, or entity any legal or
<br /> equitable right,benefit, or remedy of any nature whatsoever by reason of this Agreement.
<br /> Nothing in this Agreement, expressed or implied, is intended to or shall constitute the creation of
<br /> a partnership or joint venture between the County and the Company.
<br /> 15. COMPLIANCE WITH LAW
<br /> A. NON-DISCRIMINATION: Company shall at all times remain in compliance with all
<br /> applicable local, state, and federal laws,rules, and regulations including but not limited to all
<br /> state and federal anti-discrimination laws,policies,rules, and regulations and the Orange County
<br /> Non-Discrimination Policy. Company shall not discriminate against any person based on age
<br /> (as defined in the Orange County Civil Rights Ordinance),race, ethnicity, color,national origin,
<br /> religion, creed, sex, gender, gender identity, gender expression,marital status, familial status,
<br /> source of income, disability,political affiliation, veteran status, disabled veteran status. Any
<br /> violation of this requirement is a breach of this Agreement and County may immediately
<br /> terminate this Agreement without further obligation on the part of the County. This Section is
<br /> not intended to limit and does not limit the definition of breach to discrimination.
<br /> B. E-VERIFY, ISRAEL BOYCOTT,AND IRAN DIVESTMENT: By executing this
<br /> Agreement Company affirms that Company, and any North Carolina Affiliates of Company, is
<br /> and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
<br /> Statutes. By executing this Agreement Company certifies that Company, and any North
<br /> Carolina Affiliates of Company,have not been identified, and have not utilized the services of
<br /> any agent or subcontractor, on the list created by the North Carolina State Treasurer pursuant to
<br /> Articles 6E and 6G of Chapter 147 of the North Carolina General Statutes.
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