1991 - 11-18-91 Regular Meeting - Laserfiche WebLink

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y eou4, 1=9 ~~<< 155 SECTION FOUR: SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in Section One and Three hereof, shall be held to be invalid by any competent court of law, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION FIVE: CHOICE OF LAW It is the intention of the ENGINEER AND OWNER that this Agreement and the performance thereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the federal laws and to the laws of North Carolina and that in any action, special proceeding or'other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the federal laws or the laws of the State of North Carolina shall be applicable and shall govern to the exclusion of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. SECTION SIX: CONFLICT OF INTEREST No member, officer, or employee of the OWNER, or its agents, no members of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provisions prohibiting such interest pursuant to the purpose of this section. A-2