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AG 2018 11 19
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AG 2018 11 19
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Last modified
5/8/2019 8:11:47 PM
Creation date
5/2/2019 4:19:18 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/18/2018
Board
Board of Commissioners
Meeting Type
Regular
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The County or Project Jersey Hydro Applicant may, by advance written notice, <br />designate any further or different addresses to which notices, certificates, requests or <br />other communications shall be sent. <br />(d) Binding Effect. This Agreement shall inure to the benefit of and <br />is binding upon the County and Project Jersey Hydro Applicant and their respective <br />successors and assigns. <br />(e) Amendments. Changes and Modifications. Except as otherwise <br />provided in this Agreement, this Agreement may not be amended, change, modified or <br />altered except by written agreement signed by both parties. <br />(f) Severability. If any court or competent jurisdiction holds any <br />provision of this Agreement invalid or unenforceable, such holding shall no invalidate or <br />render unenforceable any other provision of this Agreement. <br />(g) Counterparts. This Agreement may be 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 <br />construed in accordance with the laws of the State of North Carolina, without regard to <br />conflict of law principles. <br />(i) Captions. The captions or headings used throughout this <br />Agreement are for convenience only and in no way define, or describe the scope or intent <br />of any provision of this Agreement. <br />O Confidentiality. Project Jersey Hydro Applicant and the County <br />acknowledge that certain Exhibits to this Agreement, and/or other information provided <br />by Project Jersey Hydro Applicant pursuant to this Agreement, may contain Project <br />Jersey Hydro Applicant's confidential information. Accordingly, the County will <br />maintain such information in confidence, unless its release is consented to in writing by <br />Project Jersey Hydro 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 />construction against the drafter shall have no application to this Agreement. <br />(I) Force Majeure. Any delay in the performance of any of the <br />duties or obligations or either party hereunder (the "Delayed Party") shall not be <br />considered a breach of this Agreement and the time required for performance shall be <br />Page 211 <br />
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