Agenda - 06-16-2009 - 4p - Laserfiche WebLink

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i7 ARTICLE 19. TERMINATION The County may terminate this agreement upon thirty (30) days written notice to Artist Team. In addition to the termination provisions set forth above, if either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have fifteen (15) days after receipt of the notice to cure default. If it is not cured or if the Parties have not agreed to steps to cure the default according to a mutually acceptable schedule, then this Agreement shall terminate. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs and other Art Work products prepared or submitted or prepared for submission by the Artist Team under this Agreement shall at the County's option become its property, provided that no right to fabricate or execute the Art Work shall pass to the County. The Artist Team shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this Agreement by the Artist Team, and the County may reasonably withhold payments to the Artist Team until such time as the exact amount of such damages due the County from the Artist Team is determined. ARTICLE 20. OTHER REMEDIES The specification of remedies in this agreement shall not be deemed to be exclusive. The County retains the right to pursue any remedies available for defective or delayed performance, including specifically the right to set off any damages for defective or delayed performance against any sum due the Artist Team under this Agreement. ARTICLE 21. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, at the following addresses or such other address as specified in writing from time to time by the party receiving notice: a. if to County, to: Laura Blackmon County Manager Orange County A.O. Box 8181 Hillsborough, NC 27278 (919) 245-2330 b. if to the ARTIST TEAM, to: MICHAEL WALLER and LEAH FOUSHEE WALLERFOUSHEE STUDIOS, LLC 4508 SAINT MARY'S ROAD HILLSBOROUGH, NC 27278 (919)452-8642 c. if to the COMMISSION, to: