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the prior written consent of the other party. <br />f. No delay or omission in exercising any right shall operate as a <br />waiver of such right or any other right. A waiver on any one occasion shall not be <br />construed as a bar to or waiver. of any right on any future occasion.. <br />g: Any controversy or claim arising out of or relating to this Agreement, or <br />the breach thereof, shall be settled by arbitration in Charlotte, North Carolina, in. <br />.accordance with the Commercial Arbitration Rules of the American Arbitration <br />Association, and judgment upon the award rendered by the Arbitxator(s) may be entered <br />in any court having jurisdiction thereof. <br />h. Neither party shall be liable for any loss or damage resulting from any <br />cause due to any acts of God, wars, riots, floods, fires, inability to obtain labor due to <br />strikes or other events beyond such paety's reasonable control. <br />IN WITNESS, the parties hereto have set their hands and seals, the day and <br />year first above written.' <br />LICENSEE:' <br />CABARRUSCOUNTY <br />By: <br />Title: <br />BI-TEK: <br />BI-TEK, LLC <br />By: <br />Perry N. Brown, Manager <br />This instrument has beenpre-audited in the manner required by the "Local Government <br />Budget and Fiscal Control Act " <br />Pamela S: Dubois <br />Finance Director. <br />G- l4 <br />4 <br />