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16. GENERAL PROVISIONS. <br /> <br /> (a) Unenforceable Terms. In the event that any provision hereof is found <br />invalid or unenforceable pursuant to judicial decree or decision, the remainder of this <br />Agreement shall be valid and enforceable according to its terms. <br /> <br /> (b) Governing Law. The validity, interpretation and enforcement of this <br />Agreement shall be governed by the laws of the State of Ohio. Neither party shall be <br />deemed to be the author of this Agreement. <br /> <br /> (c) Entire Agreement. This Agreement, together with its exhibits, <br />constitute the entire understanding and agreement between the parties and there shall be <br />no modifications, alterations, or changes in the absence of a writing signed by both parties. <br /> <br /> (d) Headings. The subject headings of the various paragraphs are for <br />purposes of convenience only and shall not be taken into consideration in interpreting the <br />provisions of this Agreement. <br /> <br /> (e) Counterparts. This Agreement may be executed simultaneously in <br />one or more counterparts each of which shall be deemed an original, but all of which taken <br />together shall constitute one and the same instrument. <br /> <br /> (f) Binding Effect. This Agreement shall be binding on and shall inure <br />to the benefit of the parties, their respective legal representatives, successors and assigns. <br /> <br /> (g) Waiver. No failure of either party to exercise any power or right given <br />it hereunder, or to insist upon strict compliance by the other party of any obligation <br />hereunder and no custom or practice of the parties at variance with the terms hereof shall <br />constitute a waiver of it's right to demand exact compliance with the terms hereof. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the <br />date first set forth above. <br /> <br />COTT SYSTEMS <br /> <br />Attest: <br /> <br />By: <br /> <br />Ronald C. Maynard <br /> <br />Its: President <br /> <br />Attest: <br /> <br />CABARRUS COUNTY <br />By: <br /> <br />Its: <br /> <br />(Print Name) <br /> <br /> Chairman, Board of Commissioners <br /> <br /> <br />