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18.7 Severability. If any provision of this Contract shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Contract. In either case, the validity, legality and enforceability of the remaining provisions of this Contract shall not in any way be affected thereby. 18.8 No Waiver. The failure or delay on the part of either party to exercise any right, power, privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing. Any waiver by a party for one or more similar events shall not be construed to apply to any other events whether similar or not. 18.9 Governing Law. This Contract shall be interpreted and governed by the laws of the state of North Carolina. The County and Contractor agree that the law of the State of North Carolina shall govern the rights, obligations, duties and liabilities of the parties to the Contract and shall govern the interpretation of the Contract. Any litigation arising from or out of the Contract shall be brought exclusively in the Superior Court of Cabarrus County. 18.10 Entire Agreement. This Contract sets forth the entire Agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Contract. 18.11 Attorneys' Fees. If any litigation is commenced under this Contract, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees,expert witness fees, litigation related expenses and court or other costs incurred in such litigation or proceeding. THIS PAGE IS INTENTIALLY BLANK Page 18 01,33 9234637.2 Attachment number 2\n G-8 Page 189