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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 I IA 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 I
<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 .
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<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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