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(d) Binding Effect. This Agreement shall inure to the benefit of and <br />is binding upon the County and Project Burgundy 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 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 Burgundy Applicant and the County <br />acknowledge that certain Exhibits to this Agreement, and /or other information provided <br />by Project Burgundy Applicant pursuant to this Agreement, may contain Project <br />Burgundy Applicant's confidential information. Accordingly, the County will maintain <br />such information in confidence, unless its release is consented to in writing by Project <br />Burgundy 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 BURGUNDY <br />APPLICANT <br />L <br />Its <br />Attachment number 3 \n <br />G -1 Page 99 <br />