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AG 2018 10 15
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AG 2018 10 15
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Last modified
5/8/2019 7:44:16 PM
Creation date
5/2/2019 3:07:27 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/15/2018
Board
Board of Commissioners
Meeting Type
Regular
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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) GoverningLaw. 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. Griffin and the County acknowledge that certain <br />Exhibits to this Agreement, and/or other information provided by Griffin pursuant to this <br />Agreement, may contain Griffin's confidential information. Accordingly, the County <br />will maintain such information in confidence, unless its release is consented to in writing <br />by Griffin 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. <br />I) Force Majeure. Any delay in the performance of any of the duties or <br />obligations or either party hereunder (the "Delayed Party") shall not be considered a <br />breach of this Agreement and the time required for performance shall be extended for a <br />period equal to the period of such delay, provided that such delay has been caused by or <br />is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; <br />labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials <br />or energy; fires; explosions; floods; changes in laws governing international trade; or <br />other unforeseeable causes beyond the control and without the fault or negligence of the <br />Delayed Party. The Delayed Party shall give prompt notice to the other party of such <br />cause, and shall take whatever reasonable steps are necessary to relived the effect of such <br />cause as promptly as possible. No such event shall excuse the payment of any sums due <br />and payable 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 />GRIFFIN INDUSTRIAL REALTY, INC. <br />Page 156 <br />
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