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4.2 Bindinq Effect. This Agreement shall inure to the benefit <br />of and is binding upon the County and Philip Morris and their <br />respective successors and assigns. <br /> <br /> 4.3 Amendments, Changes and Modifications. Except as <br />otherwise provided in this Agreement, this Agreement may not be <br />amended, changed, modified or altered except by written agreement <br />of the parties. <br /> <br /> 4.4 Severability. If any court of competent jurisdiction <br />holds any provision of this Agreement invalid or unenforceable, <br />such holding shall not invalidate or render unenforceable any <br />other provision of this Agreement. <br /> <br /> 4.5 Counterparts. This Agreement may be executed in any <br />number of counterparts, each of which when so executed and <br />delivered shall be deemed an original, and it shall not be <br />necessary in making proof of this Agreement to produce or account <br />for more than one such fully-executed counterpart. <br /> <br /> 4.6 Governinq Law. This Agreement is governed by and shall be <br />construed in accordance with the laws of the State of North <br />Carolina, without regard to conflict of law principles thereof. <br /> <br /> 4.7 Captions. The captions or headings used throughout this <br />Agreement are for convenience only and in no way define, or <br />describe the scope or intent of any provision of this Agreement. <br /> <br /> 4.8 Confidentiality. Philip Morris and the County acknowledge <br />that certain Exhibits to this Agreement, and/or other information <br />provided by Philip Morris pursuant to this Agreement, may contain <br />Phillip Morris confidential information. Accordingly, the County <br />will maintain such information in confidence, unless its release <br />is consented to in writing by Philip Morris. <br /> <br /> 4.9 Construction. The parties acknowledge and stipulate that <br />this Agreement is the product or mutual negotiation and <br />bargaining. As such, the doctrine of construction against the <br />drafter shall have no application to this Agreement. <br /> <br />Executed as of the <br /> <br />day of , 2003. <br /> <br />Philip Morris USA <br /> <br /> <br />