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2009 - 12-07-09 Regular Meeting
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2009 - 12-07-09 Regular Meeting
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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booK 2.3 PAGE 2:34 <br />Agreement are contractual and not merely a recital. phis Agreement may not be altered or <br />amended except by an agreement in writing duly executed by all of the Parties hereto. <br />10. Mutually Drafted Agreement. All of the Parties to the Agreement have had the <br />opportunity to be fully and completely represented by counsel of their own choosing in the <br />negotiation and drafting of this Agreement. Accordingly, the Parties agree that any rule of <br />construction of contracts resolving any ambiguities against the drafting party shall be <br />inapplicable to this Agreement. <br />11. Governing Law: This Agreement is entered into in the State of North Carolina <br />and shall be construed and interpreted in accordance with the laws of the State of North Carolina <br />regardless of choice of law principles to the contrary. In addition, the Parties hereto consent to <br />the jurisdiction of Lee County Superior Court over any claims arising under or relating to this <br />Agreement, or the relationship between them. <br />12. Invalid Provision to Affect No Others: If any provision of this Agreement is held, <br />determined, or adjudicated to be invalid, unenforceable, or void for any reason, each such <br />provision shall be severed from the remaining provisions of this Agreement and shall not effect <br />the validity and enforceability of such remaining provisions. <br />13. Counterparts. phis Settlement Agreement may be executed in counterparts. The <br />parties hereto may sign separate signature pages that shall constitute one Settlement Agreement <br />binding on all of the signatories hereto, notwithstanding that the signatories are not signing the <br />same page. Facsimile or other electronic copies shall suffice as originals. <br />TN ENTERING INTO THIS AGREEMENT, EACH PARTY REPRESENTS THAT THE <br />TERMS OF THIS AGREEMENT HAVE BEEN COMPLETELY READ AND THOSE TERMS <br />ARE FULLY UNDERSTOOD AND VOLUNTARY ACCEPTED. <br />Lee County, a political subdivision of the <br />State of North Carolina <br />Richard B. Hayes, C airman <br />BY: Lee County Board of <br />Its: Commisuioners <br />MS Consultants, inc. <br />Fay: <br />1 ts: <br />Z1 y e~ <br />Gaynell M. Lee, Clerk <br />3 of4 <br />
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