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(d) Binding Effect. This Agreement shall inure to the benefit of and <br /> is binding upon the County and Project Pinecone Applicant and their respective <br /> successors and assigns. <br /> (e) Amendments, Changes and Modifications. Except as otherwise <br /> provided in this Agreement,this Agreement may not be amended, change, modified or <br /> altered except by written agreement signed by both parties. <br /> (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 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 Pinecone Applicant and the County <br /> acknowledge that certain Exhibits to this Agreement, and/or other information provided <br /> by Project Pinecone Applicant pursuant to this Agreement, may contain Project Pinecone <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 <br /> Pinecone 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 /> (1) Force Majeure. Any delay in the performance of any of the <br /> duties or obligations or either party hereunder(the "Delayed Party") shall not be <br /> considered a breach of this Agreement and the time required for performance shall be <br /> extended for a period equal to the period of such delay, provided that such delay has been <br /> caused by or is the result of any acts of God; acts of the public enemy; insurrections; <br /> riots; embargoes; labor disputes, including strikes, lockouts,job actions, or boycotts; <br /> shortages of materials or energy; fires; explosions; floods; changes in laws governing <br /> international trade; or other unforeseeable causes beyond the control and without the fault <br /> or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the <br /> other party of such cause, and shall take whatever reasonable steps are necessary to <br /> Attachment number 3\n <br /> G-2 Page 127 <br />