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altered except by written agreement signed by both parties <br />f) Severability. If any court or competent jurisdiction holds any provision <br />of this Agreement invalid or unenforceable, such holding shall no invalidate or render <br />unenforceable any other provision of this Agreement. <br />g) Counterparts. This Agreement maybe executed in any number of <br />counterparts, each of which when so executed and delivered shall be deemed an original, <br />and it shall not be necessary in making proof of this Agreement to produce or account for <br />more than one such fully -executed counterpart. <br />h) Goveming Law. This Agreement is governed by and shall be construed <br />in accordance with the laws of the State of North Carolina, without regard to conflict of <br />law principles. <br />i) Captions. The captions or headings used throughout this Agreement are <br />for convenience only and in no way define, or describe the scope or intent of any <br />provision of this Agreement. <br />j) Confidentiality. Applicant and the County acknowledge that certain <br />Exhibits to this Agreement, and/or other information provided by Applicant pursuant to <br />this Agreement, may contain Applicant's confidential information. Accordingly, the <br />County will maintain such information in confidence, unless its release is consented to in <br />writing by Applicant or required by law. <br />k) Construction. The parties acknowledge and stipulate that this <br />Agreement is the product or mutual negotiation and bargaining. As such, the doctrine of <br />construed on against the drafter shall have no application to this Agreement. Force <br />Majeure. Any delay in the performance of any of the duties or obligations or either <br />party hereunder (the "Delayed Party") shall not be considered a breach of this Agreement <br />and the time required for performance shall be extended for a period equal to the period <br />of such delay, provided that such delay has been caused by or is the result of any acts of <br />God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including <br />strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; <br />explosions; floods; changes in laws governing international trade; or other unforeseeable <br />causes beyond the control and without the fault or negligence of the Delayed Party. The <br />Delayed Party shall give prompt notice to the other party of such cause, and shall take <br />whatever reasonable steps are necessary to relived the effect of such cause as promptly as <br />possible. No such event shall excuse the payment of any sums due and payable <br />hereunder on which delayed performance is excuse as provided above. <br />IN WITNESS, the parties have executed this Agreement as of the date first <br />written above. <br />FORTIUS-RICHARDSON, LLC <br />Page 180 <br />