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<br />AGREEMENT <br />This AGREEMENT, made as of this ~ day of , 2009, by and between THE <br />MERCER GROUP, INC., 3443 Highway 39 North, Louisb g, North Carolina 27549 and <br />ORANGE COUNTY, NORTH CAROLINA, P.O. Box 8181, Hillsborough, North Cazolina <br />27278. <br />WITNESSETH: <br />WHEREAS, Orange County (hereinafter referred to as the "County") desires to amend the <br />August 19, 2008 contract between it and The Mercer Group, Inc. to conduct a seazch for a County <br />Manager for the County; and <br />WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has agreed to the <br />County's request; and <br />WHEREAS, Mercer desires to assist the County in conducting the County's search for a <br />County Manager. <br />NO W THEREFORE, in consideration of the following mutual covenants and other good and <br />valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties <br />hereto, Mercer and the County hereby agree as follows: <br />1. Mercer agrees to provide services and support, to be provided by Phillip and Kay <br />Robertson, to the County in the conduct of the County's search for a County <br />Manager. Mercer agrees to conduct the County's project in accordance with scope of <br />services outlined in its discussions with the County Commissioners on the evening of <br />April 13, 2009, as reflected in the document entitled "Executive Seazch <br />Methodology" that is part of the minutes of the meeting along with all discussion <br />reflected in the minutes of the same meeting between Mercer and the County <br />Commissioners. The Executive Search Methodology document and a draft of the <br />minutes are attached hereto and incorporated herein by reference. <br />2. The County agrees to compensate Mercer for its services in the amount of $15,750 <br />for professional services and not-to-exceed $6,000 in actual expenses. <br />3. The County and Mercer both agree that this Agreement shall be governed by the laws <br />of the State of North Cazolina. <br />4. The County and Mercer both agree that in the event that any dispute arises between <br />the parties, the complaining party shall promptly notify the other of the dispute in <br />writing. Each party shall respond to the other party in writing within ten (10) <br />working days of receipt of such notice. <br />Agreement, Continued: <br />