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Agenda Package - 03-21-11
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Agenda Package - 03-21-11
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6/20/2011 2:24:22 PM
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Board of Commissioners
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034 <br />e. Frontier is solvent. <br />9. MISCELLANEOUS PROVISIONS. <br />• a. No Assignment. Neither party may assign its rights under this Agreement without <br />the express written consent of the other party and of the Foundation. <br />b. Governing Low, Venue. This Agreement shall be governed in accordance with the <br />laws of the State of North Carolina. Exclusive venue for litigation of any dispute <br />arising hereunder shall lie in the General Court of Justice, Superior Court Division, <br />Lee County, North Carolina. <br />c. Amendments, Modification. This Agreement shall not be amended or modified <br />except by a writing signed by the parties and consented to in writing by the <br />Foundation. <br />d. Interpretation. Each party has been represented by counsel. This Agreement shall <br />not be interpreted for or against a party on account of the drafting thereof. <br />e. Complete Agreement. This Agreement constitutes the full and complete agreement <br />of the parties pertaining to the subject matter and transactions contemplated <br />herein. <br />f. Survival of Representations and Indemnity. Where necessary to give full effect to <br />the intent of the parties and the rights and obligations of the parties hereto shall <br />survive the expiration or earlier termination of this Agreement. <br />g. Binding Nature. This Agreement shall be binding upon the successors and assigns of <br />the parties, though this provision shall not be interpreted as permission to Frontier <br />• to assign its rights and duties under this Agreement. <br />h. Relationship of Parties. No partnership, joint venture, principal -agent or other <br />relationship exists between the parties to this Agreement. <br />i. Waivers. No delay or failure by either party to require strict performance by the <br />other party of any of the terms or conditions of this Agreement shall constitute a <br />waiver at any subsequent time to require to such strict performance. <br />j. Severobility. In the event any provision (or portion thereof) of this Agreement shall <br />be held invalid or unenforceable according to law, such holding or action shall not <br />invalidate or render unenforceable any other provision (or portion thereof) of this <br />Agreement. <br />k. Nondiscrimination. Frontier agrees not to discriminate by reason of age, race, <br />religion, colors, sex, national origin, or handicap related to the activities of this <br />Agreement. <br />I. Compliance with Lows. Frontier shall at all times comply with all laws, ordinances, <br />and regulations of the State, Federal and Local Governments which may in any <br />manner affect the performance of the Agreement. <br />m. Information to be shared with the Foundation. Frontier acknowledges and agrees <br />that all information that it provides to Lee County may be shared with the <br />Foundation to enable the Foundation to monitor the outcomes of the Grant. <br />• <br />
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