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. d. Rights of Parties are Cumulative. The Parties' rights hereunder are cumulative. No <br />exercise or enforcement of any right or remedy hereunder shall preclude the exercise or <br />enforcement of any other right or remedy hereunder or to which County or Consultant is entitled by <br />. law. <br />e. Governing Law. This Agreement shall be governed by the laws of the State of North <br />Carolina. Consultant agrees and consents to the exclusive jurisdiction of the courts of the State of <br />North Carolina for all purposes regarding this Agreement, and further agrees and consents that <br />venue of any action hereunder shaIl be in the County of Durham, Durham, North Carolina or in the <br />County of Orange, Hillsborough, North Carolina. <br />f. Binding EH'ect. This Agreement binds the parties and their respective executors, <br />administrators, assigns and successors in interest. <br />g. ModiScation. This Agreement, including this provision, shall not be modified except by <br />expressed written and signed consent by both Parties. <br />h. Best Efforts. Consultant shall use its best efforts to perform its obligations hereunder. <br />i. Construction. <br />(1) The recitals, attachments, and exhibits are part of this Agreement. <br />(2) There are no other oral or written understandings or agreements between County and <br />Consultant relating to the subject matter of this Agreement. <br />(3) Nothing in this Agreement shall confer any rights or remedies upon any person or <br />legal entity not a party hereto. <br />(4) Headings and paragraphs are for convenience only and do not define, limit or <br />construe the contents of such sections or paragraphs. <br />j. Cure. It is agreed that as a condition precedent to any assertion by either Party ("Non- <br />Defaulting Party's that the other Party is in default in performing any obligations in this Agreement <br />("Defaulting Party', the Non-Defaulting Party shall advise the Defaulting Party in writing of the <br />specific facts about which it is claimed that the Defaulting Party is in default, and of the specific <br />obligation which the Non-Defaulting Party claims has been breached. The Defaulting Party shall <br />have seven (7) days after receipt of such written notice within which to cure such alleged default. <br />9. Execution. This Agreement may be executed in multiple copies, each of which shall be deemed an <br />original. <br />10. Notices and Payments. Except as otherwise expressly pmved herein, all written notices and <br />reports permitted or required to be delivered by the provisions of this Agreement shall be deemed <br />so delivered at the time delivered by hand, one (1) business day after transmission by telegraph, fax <br />or other electronic system or three (3) business days after placement in the United States Mail by <br />Registered or Certified Letter, Return Receipt Requested, postage prepaid and addressed as <br />follows: <br />CONSULTANT: Mr. Gil Fitts <br />Managing Director <br />Ballen Media <br />414 West Highway 54 <br />Durham, North Carolina 27713 <br />-3- <br />