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The County= <br /> <br />Copy to: <br /> <br />Cabarrus County <br />Governmental Center <br />P. O. Box 707 <br />Concord, NC 28026-0707 <br />Attention: County Manager <br />Telefacsimile No.: (704) 788-9820 <br /> <br />Hartsell Hartsell Spainhour & Shelley, P. A. <br />P. O. Box 368 <br />Concord, North Carolina 28026 <br />Attention: Fletcher L. Hartsell, Jr. <br />Telefacsimile No.: (704) 788-8058 <br /> <br />S & D: <br /> <br />S & D Coffee, Inc. <br />P. O. Box 1628 <br />Concord, North Carolina 28026-1628 <br />Attention: President <br />Telefacsimile No.: (800) 782-3121 <br /> <br />The City and County or S & D may, by notice given to the other, <br />designate any further or different addresses to which notices, <br />certificates, requests of other communications shall be sent. <br /> <br /> 4.2 Binding Effect. This Agreement shall inure to the <br />benefit of and is binding upon the City and the County and S & D <br />and their 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 Severabilit¥. If any provision of this Agreement is held <br />invalid or unenforceable by any court of competent jurisdiction, <br />such holding shall not invalidate or render unenforceable any other <br />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 inn making proof of this agreement to produce or account <br />for more than one (1) such fully-executed counterpart. <br /> <br /> 4.6 Governing Law. This Agreement is governed by and shall <br />be construed in accordance with the laws of the State of North <br />Carolina. <br /> <br /> 4.7 Captions. The captions or headings used throughout this <br />Agreement are for convenience only and in no way define, limit or <br />describe the scope or intent of any provision of this Agreement. <br /> <br /> 4.8 Confidentiality. S & D, the City and the County <br />acknowledge that certain Exhibits to this Agreement, and/or other <br />information provided by S & D pursuant to this Agreement, may <br /> <br /> <br />