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AG 2017 11 20
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AG 2017 11 20
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Last modified
11/22/2017 9:11:03 AM
Creation date
11/27/2017 10:31:41 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/20/2017
Board
Board of Commissioners
Meeting Type
Regular
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18.7 Severability. If any provision of this Contract shall be invalid, illegal or unenforceable, <br /> it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of <br /> the parties. If such modification is not possible. such provision shall be severed from this Contract. in <br /> either case, the validity, legality and enforceability of the remaining provisions of this Contract shall <br /> not in any way be affected thereby. <br /> 18.8 No Waiver. The failure or delay on the part of either party to exercise any right, power, <br /> privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or <br /> waiver by either party of any provision shall be deemed to have been made unless made in writing. <br /> Any waiver by a party for one or more similar events shall not be construed to apply to any other <br /> events whether similar or not. <br /> 18.9 Governing Law. This Contract shall be interpreted and governed by the laws of the <br /> state of North Carolina. The County and Contractor agree that the law of the State of North Carolina <br /> shall govern the rights, obligations, duties and liabilities of the parties to the Contract and shall govern <br /> the interpretation of the Contract. Any litigation arising from or out of the Contract shall be brought <br /> exclusively in the Superior Court of Cabarrus County. <br /> 18.10 Entire Agreement. This Contract sets forth the entire Agreement of the parties and <br /> supersedes all prier agreements, whether written or oral, that exist between the parties regarding the <br /> subject matter of this Contract. <br /> 18.11 Attorneys' Fees. If any litigation is commenced under this Contract, the successful <br /> party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable <br /> attorneys' fees,expert witness fees, litigation related expenses and court or other costs incurred in such <br /> litigation or proceeding. <br /> THIS PAGE IS INTENTIALLY BLANK <br /> Page 18 or33 <br /> 9231637.2 <br /> Attachment number 2\n <br /> E-1 Page 134 <br />
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