Orange County NC Website
14. Disputes, Default, and Termination <br />14.1 Disputes. In the event of dispute arising under this Contract, the Contractor <br />shall notify the COUNTY promptly in writing of their contentions and submit the <br />claim. If the dispute arises before performance of the related work, the written <br />notice shall be submitted prior to commencing such work. In any event, the <br />Contractor shall proceed with such work in compliance with the instructions of the <br />COUNTY; such compliance shall not be a waiver of the Contractor's rights to make <br />a claim, provided they have notified the COUNTY in writing as above stipulated. <br />14.2. Default and Remedies. <br />Default shall consist of any failure by the Contractor to perform under this contract <br />or written amendments thereto or any breach of any covenant, agreement, provision <br />or warranty provided by the Contractor as a part of this contract. Actions which <br />constitute a default include, but are not limited to: <br />A. Failure to submit to the COUNTY reports which are required pursuant to this <br />contract or the submission of required reports that are incorrect or incomplete. <br />B. Submission of requests for payment or reimbursement of amounts that are <br />incorrect or incomplete. <br />C. The failure of the Contractor to accept any additional conditions which may be <br />provided by law, by executive order, by regulation or by other policy announced by <br />the COUNTY, the state or any federal agency. <br />D. Failure to perform any activity required by this contract. <br />Upon occurrence of any default, the COUNTY shall advise the Contractor in writing <br />of the action constituting the default, and specify the actions that must be taken to <br />cure the default. The COUNTY may suspend payment under the contract. If a <br />default is not cured within 30 days from receipt of written notice of such default by <br />the Contractor, the COUNTY may continue the suspension or, by written notice of <br />termination, may terminate the contract. <br />Notwithstanding the above, the Contractor shall not be relieved of liability to the <br />COUNTY for damage sustained by the COUNTY by virtue of any default or breach <br />of the contract; and the COUNTY may deduct the amount of damages from any <br />outstanding payments to the Contractor or may withhold payments until such time as <br />the exact amount of the damages is determined. <br />