2011 - 03-21-2011 Reg. Meeting - Laserfiche WebLink

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BOUK 2-3 eaf 997 incurred or paid by Lee County on account of a Default by Frontier hereunder. d. Other Remedies. The right to exercise any other remedy as provided at law for breach of contract or in equity. 7. Notices a. Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out below, unless such address is changed by written notice to the other party: i. If to Frontier ii. If to Lee County 8. Representations and Warranties of Frontier: a. It is organized and existing under the laws of the State of North Carolina. b. The execution and delivery of this Agreement have been duly authorized by all necessary action, and are not in contravention of law nor in contravention of any certificate of authority, bylaws, or other applicable organizational documents of Frontier, nor the provisions of any indenture, agreement, or undertaking to which It is a party or by which It is bound. c. There is no action, suit, proceeding, or investigation at law or in equity for any court, public board, or body pending, or to Frontier's knowledge, threatened against or affecting it, that could or might adversely affect the the retention of the jobs, the purchase of NC Cotton, or any of the transactions contemplated by this Agreement, or the validity or enforceability of this Agreement or Frontier's ability to discharge its obligations under this Agreement. d. No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this Agreement by Frontier or the performance of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. Frontier shall provide Lee County or the Foundation with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Agreement. e. Frontier is solvent. 9. MISCELLANEOUS PROVISIONS. a. No Assignment. Neither party may assign its rights under this Agreement without the express written consent of the other party and of the Foundation. b. Governing Law, Venue. This Agreement shall be governed in accordance with the laws of the State of North Carolina. Exclusive venue for litigation of any dispute arising hereunder shall lie in the General Court of Justice, Superior Court Division, Lee County, North Carolina.