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Minutes - March 25, 2015 Recessed Meeting
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Minutes - March 25, 2015 Recessed Meeting
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B K 00027 PG <br />13. Costs Each party will bear its own costs, expenses, and attorneys' fees incurred <br />as a result of the Dispute and the facts and circumstances set forth above. <br />14. Governing Law, Forum Selection. Venue This Agreement shall be construed <br />and interpreted in accordance with the laws of the State of North Carolina. Each Party to this <br />Agreement (a) agrees that any action or proceeding brought in connection with or relating to this <br />Agreement shall be brought, heard and determined exclusively in any state or federal court of <br />competent jurisdiction located in Wake County, North Carolina, (b) agrees not to bring any <br />proceeding or action arising out of or relating to this Agreement in any other court, (c) consents <br />and irrevocably submits itself to personal jurisdiction in connection with any such proceeding or <br />action, and (d) expressly waives to the fullest extent permitted by law any objections that it may <br />now or hereafter have to the venue of any such proceeding or action, or that any such proceeding <br />or action was brought in an inconvenient forum. <br />15. Entire Agreement and Successors in Interest This Agreement contains the <br />entire agreement between the Parties with regard to the matters set forth herein and shall be <br />binding upon and inure to the benefit of the affiliates, personal representatives, heirs, successors, <br />and assigns of each. <br />16. Interpretation Each Party agrees that in any dispute regarding the interpretation <br />or construction of this Agreement, no presumption shall operate in favor of or against any Party <br />to this Agreement by virtue of its role in drafting or not drafting the terms and conditions set forth <br />in the Agreement. The Parties acknowledge that they have each been represented by counsel in <br />the negotiation of this Agreement, and that they have read and understand it. <br />17. Authority Each of the signatories to this Agreement represents that they have <br />full authority and representative capacity to execute this Agreement in the capacities indicated <br />below, and that this Agreement constitutes a valid and binding obligation on the terms set forth <br />herein of the respective party for which they have signed. The Lee County Board of <br />Commissioners has fully approved and ratified this Agreement, as evidenced by the Resolution <br />Approving Settlement Agreement attached hereto. <br />18. Counterparts This Agreement may be executed in any number of counterparts, <br />each of which as so executed shall be deemed to be an original, but all such counterparts together <br />shall constitute but one and the same instrument. <br />19. Severability If any provision or clause of this Agreement shall be or becomes <br />invalid or unenforceable under applicable law, such provision or clause only shall be deemed <br />ineffective, as though not herein contained, and the remainder of this Agreement shall remain <br />operative and in full force and effect. <br />20. Notices All notices or other communications required or permitted to be given <br />under this Agreement shall be in writing and shall be delivered by hand or sent by facsimile or <br />electronic transmission (including email) or sent, postage prepaid, by registered, certified or <br />express mail or overnight courier and shall be deemed to be given when received, as follows: <br />Page 6 of 10 <br />
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