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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 Mix Applicant and the County <br /> acknowledge that certain Exhibits to this Agreement, and/or other information provided <br /> by Project Mix Applicant pursuant to this Agreement, may contain Project Mix <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 Mix <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 /> (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 strifes, 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 /> relived the effect of such cause as promptly as possible. No such event shall excuse the <br /> payment of any sums due and payable hereunder on which delayed performance is <br /> excuse as provided above. <br /> IN WITNESS,the parties have executed this Agreement as of the date first j <br /> written above. j <br /> I <br /> i <br /> 1 <br /> Attachment number 1 \n <br /> G-1 Page 254 <br /> i <br />