Orange County NC Website
11.3. Further Remedies. In connection with the exercise by the Bank of its <br />remedies under Section 11.2(d), County agrees to deliver the Equipment, at its own <br />expense, to any location within North Carolina designated by the Bank. All remedies of <br />the Bank are cumulative and may be exercised concurrently or separately. The exercise <br />of any one remedy shall not be deemed an election of such remedy or preclude the <br />exercise of any other remedy. The County agrees to pay to the Bank all court costs and <br />reasonable attorney fees incurred by the Bank in enforcing the Bank's rights and remedies <br />under this Contract. <br />SECTION 12. ASSIGNMENT <br />12.1. Assi ent by the County. The County agrees not to sell, assign, lease, <br />sublease, pledge or otherwise encumber or suffer a lien or encumbrance upon or against <br />any interest in this Contract or the Equipment (except for the lien and security interest of <br />the Bank therein) without the Bank's prior written consent. <br />12.2. Assigrunent bathe Bank. The Bank may, at any time and from time to <br />time, assign all or any part of its interest in the Equipment and/or this Contract, including <br />without limitation, the Bank's rights to receive the Installment Payments due and to <br />become due hereunder. Any assignment made by the Bank or any subsequent assignee <br />may be made only to a bank, insurance company, or similar financial institution or other <br />entity approved by the LGC. No such assignment shall grant or purport to grant any <br />greater interest or rights than those held by the Bank pursuant to this Contract. The <br />County agrees that this Agreement may become part of a pool of obligations and <br />the Bank or its assignees may assign or reassign all or any part of this Contract, including <br />the assignment or reassignment of any partial interest through the use of certificate <br />evidencing participation interests in this Contract, but only if such certificates are sold to <br />a bank, insurance company or similar financial institution or other entity assigned by the <br />LGC. The Bank or its designees may assign or reassign either this entire Contract or a <br />partial interest herein, subject to the foregoing restrictions. All assignments by the Bank <br />shall be subject to the following rules and conditions: <br />(a) The Bank shall send written notice of the assignment and its effective date <br />to the County before it makes the assignment. Such notification shall be forwarded to the <br />County at least 30 days before the effective date of the assignment. The notification shall <br />include an executed copy of the assignment document and shall specify the assignee's <br />name and address, and shall provide the County with instructions for making payments <br />after the effective date of the assignment. The requirement of 30 days notice may be <br />waived in writing by the County. <br />(b) The County shall not be obligated to make payments to anyone other than <br />the Bank until the notification specified in part (a) of this Section is received by the <br />County or until the effective date of the assignment, whichever is later. Should the <br />County incorrectly make payments to the Bank after the conditions specified in the <br />preceding sentence are met, the Bank shall return those payments to the County. <br />12 <br />