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AG 2002 08 19 (Regular)
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AG 2002 08 19 (Regular)
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Last modified
3/2/2006 5:01:40 PM
Creation date
11/27/2017 11:43:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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Hartsell & Williams PA <br />71 McCachem Blvd. <br />.P.O. Box 368 <br />Concord, NC 28025 <br />Attn: Marilyn Porter, Esq. <br /> <br /> (b) Representatives: During the Term of this Agreement, each party shall <br />designate in writing an individual who will serve as its representative with respect to the <br />resolution of disputes which may arise in connection with the administration of this Agreement. <br />Principal initially designates Mark R. Chappuis as Principal's representative in such capacity. <br />Ticketmaster initially designates Geoffrey M..Cams as Ticketmaster's representative in such <br />capacity. <br /> <br /> (c) Effect of Waiver: No delay or omission to exercise any right or remedy <br />in favor of Ticketmaster or Principal upon any breach or default hereunder shall impair any such <br />right or remedy or be construed to be a waiver of any such breach or default; nor shall any waiver <br />of any single breach or default be deemed a waiver of any other breach or default theretofore or <br />thereafter occurring. Any waiver, permit, consent, or approval on the part of Ticketmaster or <br />Principal of any breach or default under this Agreement, or of any provision or condition hereof, <br />must be 'made in writing and shall be effective only to the extent specifically set forth in such <br />writing. <br /> <br /> (d) No Joint Venture: The relationship of Ticketmaster and Principal <br />hereunder shall in no way be construed to create a joint venture or partnership, or to constitute <br />either party as an agent or employee of the other party for any purpose other than as set forth <br />herein. <br /> <br /> (e) Attorneys' Fees: In the event of any action at law or suit in equity in <br />relation to this Agreement, the prevailing party shall be entitled to the reasonable amount of its <br />attorneys' fees and costs. <br /> <br /> (f) Applicable Law: This Agreement shall be 'governed by, construed, <br />interpreted, and enforced under 'the laws of the State of North Carolina and the United States <br />without regard to conflict of laws provisions thereof. The sole jurisdiction and venue for actions <br />related to the subject matter hereof shall be North Carolina state, courts of Cabarrus County, <br />North Carolina and United States federal courts having within their jurisdiction the location of <br />the first Ticketmaster office referenced in Section 21(a)(i) above. Principal and Ticketmaster <br />consent to the jurisdiction of such courts and hereby waives, to the fullest extent permissible, the <br />defense of an inconvenient venue or forum to the maintenance of any such proceeding. <br /> <br /> (g) Additional Documents: Each of the parties hereto agrees to execute and <br />deliver such additional and further documents and instruments as may be necessary or <br />appropriate to carry out the intents and purposes of this Agreement. <br /> <br /> (h) Severability: In the event any one or more of the provisions contained in <br />this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, <br />such invalidity, illegality 'or unenforceability shall not affect any other provision of this <br /> <br />C:\WlNDOWSLDesktop\Cabarrus Pa'cna LUA Final 081702.doc <br /> <br />17 <br /> <br /> <br />
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