2026-217-E-Economic Dev-Colonial Inn Hillsborough-America 250

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Iii. a decrease in the headcount of more than fifteen percent (15%), Caterer shall be entitled to an equitable amount but in no case less than the guaranteed minimum. 6. NO LIABILITY OF CATERER: Caterer shall not be liable to Client or any other person or entity for any claim, demand, loss or expenses resulting from Caterer being unable to fulfill any or all terms, conditions or obligations under this Contract arising or because of war, riot, strike, flood, act of God, governmental action, or any other action, omission or condition which is beyond the control of Caterer or its staff. In the event of such action or condition, the terms of the Cancellation and Changes provisions hereinabove shall control. 7. GENERAL PROVISIONS: a. Binding Effect and Jurisdiction. This Contract shall be binding on and insure to the benefit of the parties hereto, their respective officers, owners, heirs, administrators, personal representatives, successors and permitted assigns and shall be interpreted insofar as is possible in accordance with the laws of the State of North Carolina. Each party hereby submits themselves to the jurisdictions of the courts of the State of North Carolina in any future action brought by either of them to enforce any provision of this Contract, with proper venue for any state court action being laid in Orange County, North Carolina and in the Middle District of North Carolina for any federal court action. b. Voluntary Act. Each party acknowledges that they have read this Contract and understand its contents and provisions; that it is fair and reasonable to each of them, having due regard to the conditions and circumstances of the parties hereto as of the date hereof; that it is entered into of their own free will and volition and that no coercion, force, pressure, or undue influence has been used in the execution of this Contract, either by the other party hereto or by any other person or persons. Any individual signing this instrument on behalf of a corporate entity warrants and represents that (s)he has the authority to act and bind said entity to the terms and conditions of this instrument. c. No Presumption against Drafting Party. Notwithstanding the presumption of law whereby an ambiguity or conflict in provisions shall be construed against the drafter, the parties hereto agree that although one party may have generated this Contract, this Contract has been heavily negotiated and they have equally participated in the drafting of this Contract. Therefore, such presumption shall not be applied if any provision or term of this Contract requires judicial interpretation. d. Severability. It is expressly understood and agreed that in the event of any one or more of the provisions of this Contract shall be unenforceable for any reason, the remaining portions of this Contract shall, nevertheless, remain in full force and effect, and the unenforceable provision or provisions shall be modified so as to be valid, legal and enforceable but only so much as to most nearly retain the intent of the parties. In the event of conflict between the terms and conditions of this Contract and applicable federal, state or local laws, rules or regulations, the offending terms of this Contract will be deemed stricken and null and void. e. Prevailing Party Suit Costs. In the event either party shall institute an action to enforce a provision of this Contract, the prevailing party shall be entitled to recover suit costs, including reasonable attorneys’ fees, from the non-prevailing party. f. Interest. In the event of non-payment, then the Caterer shall have the right to collect from the Client an interest charge at the rate of one and one-half percent (1.5%) per month on any outstanding balance due until paid. Docusign Envelope ID: 81E70FE8-9A24-81FC-800F-BE2FD1BCD37E