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(f) Severability. If any court or competent jurisdiction holds any <br /> provision of this Agreement invalid or unenforceable, such holding shall no invalidate or <br /> render unenforceable any other provision of this Agreement. <br /> (g) Counterparts. This Agreement may be executed in any number of <br /> counterparts, each of which when so executed and delivered shall be deemed an original, <br /> and it shall not be necessary in making proof of this Agreement to produce or account for <br /> more than one such fully-executed counterpart. <br /> (h) Governing Law. This Agreement is governed by and shall be <br /> construed in accordance with the laws of the State of North Carolina, without regard to <br /> conflict of law principles. <br /> (i) Captions. The captions or headings used throughout this <br /> Agreement are for convenience only and in no way define, or describe the scope or intent <br /> of any provision of this Agreement. <br /> 0) Confidentiality. Project Fall Applicant and the County <br /> acknowledge that certain Exhibits to this Agreement, and/or other information provided <br /> by Project Fall Applicant pursuant to this Agreement, may contain Project Fall <br /> Applicant's confidential information. Accordingly, the County will maintain such <br /> information in confidence, unless its release is consented to in writing by Project Fall <br /> Applicant or required by law. <br /> (k) Construction. The parties acknowledge and stipulate that this <br /> Agreement is the product or mutual negotiation and bargaining. As such, the doctrine of <br /> construction against the drafter shall have no application to this Agreement. <br /> IN WITNESS, the parties have executed this Agreement as of the date first <br /> written above. <br /> PROJECT FALL APPLICANT <br /> By: <br /> CABARRUSCOUNTY <br /> By: <br /> Michael K. Downs, County Manager <br /> Attest: <br /> By: <br /> Megan I.E. Smit, Clerk <br /> 5 <br /> Attachment number 3\n <br /> G-1 Page 67 <br />