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invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (d) Nonenforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other party's compliance with any one or more of such terms or conditions of this Agreement. (e) Conflicts of' law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or City, including all future laws and ordinances, the law and conflicting provision hereof will, to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible, the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, provided such law or ordinance is consistent with Section 4 of this Agreement.. (f) Controlling Imi, and venue. By virtue of entering into this Agreement, Lumos agrees and submits itself to a court of competent jurisdiction in the City of Portsmouth, Virginia or in the United States District Court for the Eastern District of Virginia, Norfolk Division, and both parties agree that this Agreement is controlled by and shall be construed in accordance with the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction, including the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, Lumos agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. Lumos agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Lumos, in all solicitations or advertisements for employees placed by or on behalf of Lumos, will state that Lumos is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. Lumos agrees to comply with the good faith minority business efforts required by the Portsmouth City Code. -19-