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159 <br /> <br />DRAFT <br /> <br /> 12.3 Amendments~ Chan~es~ 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 of <br />the parties. <br /> <br /> 12.4 Severability. 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 /> 12.5 Counterparts. This Agreement may be executed in any <br />number of counterparts, each of whichwhen so executed and delivered <br />shall he deemed an original, and it shall not be necessary in ~aking <br />proof of this Agreement to produce or account for more than one such <br />fully-executed counterpart. <br /> <br /> 12.6 Governin~ Law. This Agreement is governed by and shall be <br />construed in accordance with the laws of the State of North <br />Carolina. <br /> <br /> 12.7 Captions. The captions or headings used throughout this <br />Agreement ere for convenience only and in no way define, limit, or <br />describe the scope or intent of any provision of this Agreement. <br /> <br /> 12.8 Confidentiality. Bell/Sysco, the City and the County <br />acknowledge that certain Exhibits to this Agreement, and/or other <br />information provided by Bell/Sysco pursuant to this Agreement, may <br />contain Bell/Sysco trade secrets. Accordingly, such information will <br />be maintained in confidence by the City and the County, unless its <br />release is consented to in writing by Bell/Sysco. <br /> <br /> 12.9 Construction. The parties acknowledge and stipulate that <br />this Agreement is the product of mutual negotiation and bargaining <br />and that it has been drafted by counsel for the parties. As such, <br />the doctrine of construction against the drafter shall have no <br />application to this Agreement. <br /> <br /> 12.10 Other Assessments or Char~es. In no event will <br />Bell/Sysco be responsible for any costs of the improvements/utility <br />services which are to be provided by the City and/or the County <br />pursuant to this Agreement. Without limiting the generality of the <br />foregoing, in no event will the City or the County impose any <br />special assessment or charge on the Property or Bell/Sysco which is <br />related in any way to the improvements/utility services which are <br />the responsibility of the City and/or the County hereunder. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this' <br />Agreement under seal as of the day and year first above written. <br /> <br /> BELL/SYSCO FOOD SERVICES, lNG. <br />ATTEST: By: <br /> <br /> Secretary <br />(CORPORATE SEAL) <br /> <br /> CABARRUS COUNTY <br />ATTEST: By: <br /> , Chairman <br />County Clerk Cabarrus County Board of <br />(COUNTY SEAL) Commissioners <br />This instrument has been preaudtted in the manner required by the <br />Local Government Budget and Fiscal Control Act. BY: <br /> Finance Director, Cabarrus County <br /> <br /> THE CITY OF CONCORD <br />ATTEST: BY: <br /> <br />City Clerk <br />(CITY SEAL) <br /> <br />, Mayor <br /> <br /> <br />