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5 <br />d. The Artist shall provide credit to the County in all reproductions and displays (to the <br />extent authorized herein) reading substantially, "an original Art Work commissioned <br />by Orange County, North Carolina." <br />ARTICLE 12. REPAIR AND MAINTENANCE <br />It is the County's intent, if feasible, to consult with the Artist in the event that the Art Work <br />requires repair or renovation. However, the County retains, at its sole discretion, the right to <br />determine when and if repairs and restorations to the Art Work will be made, or whether to de- <br />accession the Art Work. <br />ARTICLE 13. NO AGENCY <br />The Artist shall perform all work as an independent contractor and not as an agent or an <br />employee of the County. The Artist shall not be supervised by any employee or official of <br />County nor shall the Artist exercise supervision over any employee or official of the County. <br />ARTICLE 14. WAIVER <br />No waiver of performance by either party shall be construed as or operate as a waiver of any <br />subsequent default of any terms, covenants and conditions of this Agreement. The payment or <br />acceptance offers for any period after a default shall not be deemed a waiver of any right or <br />acceptance of defective performance. <br />ARTICLE 15. GOVERNING LAW <br />This Agreement, regardless of where executed or performed, shall in all respects be governed by <br />and construed in accordance with the`laws of the State of North Carolina, excluding any choice <br />of law rule which would select the application of the law of another jurisdiction. <br />ARTICLE 16. ASSIGNMENT <br />This Agreement may not be assigned without the prior written approval of all of the Parties. Any <br />purported assignment of this Agreement without such approval shall be absolutely void. <br />ARTICLE 17. NON-DISCRIl~~IINATION <br />In connection with the performance of this Agreement, the Artist shall. not discriminate against <br />any employee, applicant for employment or program participant because of race, religion, color, <br />gender, sexual preference or national origin. In addition the Artist shall not discriminate against <br />any employee, applicant for employment or program participant on the basis of handicapped <br />status. <br />ARTICLE 18. AMENDMENTS <br />This Agreement may only be amended by written amendments signed by all of the Parties. <br />• ARTICLE 19. TERMINATION <br />