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This Agreement and all attachments hereto cancels and supersedes any and all previous <br />agreements between the parties with regard to the subject matter hereof. <br /> <br />ARTICLE XVIII: CHOICE OF LAW. <br /> <br />Construction, interpretation and performance of this Agreement shall be governed by the laws of <br />the State of North Carolina. In the event a dispute arises under the terms of this Agreement, and <br />the parties hereto cannot satisfactorily resolve the dispute without litigation, TMG hereby <br />submits to the personal jurisdiction of the courts of Cabarrus County, North Carolina for <br />purposes of dispute resolution hereunder. TMG further acknowledges that the contract will be <br />managed in compliance with all applicable f~deral, state and local laws, regulations and <br />ordinances including without limitation, Title VI (Civil Rights Act) and the Americans with <br />Disabilities Act. <br /> <br />ARTICLE XIX: ENFORCEMENT. <br /> <br /> Either party's failure at any time to enforce any of the provisions of this Agreement or <br />any right with respect hereto or to exercise options provided will in no way be construed to be a <br />waiver of such provision, rights or options or in any way affect the validity of this Agreement. <br />Failure of either party to exercise any right or options shall not preclude or prejudice the <br />exercising thereafter of the same or any other right under this agreement. <br /> <br />ARTICLE XX: SEVERABILITY. <br /> <br />In the event any provision of this Agreement is deemed to be invalid or unenforceable or <br />prohibited by the laws of the state or place where it is to be performed and/or enforced, this <br />Agreement shall be considered devisable as to such provisions and such provisions shall be <br />inoperable from either party to the other. The remaining provisions of this Agreement shall <br />remain in full force and effect. <br /> <br />ARTICLE XXI: EMPLOYEES. <br /> <br />TMG's employees will supply all services provided herein. Under no circumstances will the <br />employees of TMG be deemed to be employees of the County. TMG will be responsible for <br />paying all employee salaries, maintaining all workers compensation and unemployment coverage <br />required under the law and hereby indemnifies and holds the County harmless fi.om and against <br />any losses, damages, costs and expenses (including legal fees and costs) as they are incurred or <br />finally awarded, arising out of or attributable to TMG's failure to comply with any federal, state <br />or local labor and employment laws, rules, regulations and ordinances. <br /> <br /> <br />