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AG 2012 11 19
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AG 2012 11 19
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Last modified
11/20/2012 10:25:00 AM
Creation date
11/27/2017 11:12:18 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/19/2012
Board
Board of Commissioners
Meeting Type
Regular
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(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 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. Tuxedo and the County acknowledge that <br />certain Exhibits to this Agreement, and/or other information provided by Tuxedo <br />pursuant to this Agreement, may contain Tuxedo's confidential information. <br />Accordingly, the County will maintain such information in confidence, unless its release <br />is consented to in writing by Tuxedo 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 />PROJECT TUXEDO <br />an <br />Its <br />Attachment number 3 <br />G -1 Page 205 <br />
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