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(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. Corning and the County acknowledge that <br />certain Exhibits to this Agreement, and /or other information provided by Corning <br />pursuant to this Agreement, may contain Coming's confidential information. <br />Accordingly, the County will maintain such information in confidence, unless its release <br />is consented to in writing by Corning 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 />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 <br />written above. <br />CORNING INC <br />By: <br />Attest: <br />By: <br />Economic development grant Cab Co- Corning expansion <br />President <br />Secretary /Assistant Secretary <br />Attachment number 4 <br />G -1 Page 157 <br />