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2006 NS Contract - Buckhorn Rd EDD/Gravelly Hill Water/Sewer Project - Mebtel Telephone Service Lines
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2006 NS Contract - Buckhorn Rd EDD/Gravelly Hill Water/Sewer Project - Mebtel Telephone Service Lines
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Last modified
8/28/2012 12:28:43 PM
Creation date
8/5/2010 2:46:33 PM
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BOCC
Date
5/4/2006
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
5h
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24. Pnblici :MebTel nor any of its subcontractors shall not make news releases, publicize, <br />or issue advertising pertaining to the Work or this Contract without first obtaining the written <br />approval of Orange County. <br />25. Applications For Payment: Each application for payment shall also include a statement <br />of the Work performed by MebTel during such month, including production reports and <br />itemization of payment according to unit costs, as well as the project number, route name, and an <br />itemization of any chazges which may be due, all certified as correct by MebTel. Each application <br />for payment shall be verified by Orange County field representative before being submitted for <br />payment. <br />26. Taxes, Duties, And Fees: MebTel shall pay all taxes, including sales, use, gross receipts, <br />federaUstateflocal income, and all similar taxes, duties, fees, and other assessments of whatever <br />nature imposed by governmental authorities and applicable to the performance of the Work and <br />this Contract. MebTel shall pay or cause to be paid when due, all payroll taxes and contributions <br />which are measured by remuneration paid to persons employed by MebTel or its subcontractors <br />in connection with the Work or which arise by virtue of their employment and which now or <br />hereafter are imposed by any governmental authority. <br />27. Governing Laws: The rights and obligations of the parties hereto shall be construed and <br />interpreted in accordance with the substantive law of the State of where the Work is being <br />performed without giving effect to its principles for choice of law. <br />28. Dispute Resolution: All claims and disputes relating to this Contract shall be subject to <br />arbitration in Alaxnance County, North Carolina. Any controversy or claim arising out of or <br />relating to this Contract or the breach thereof, shall be settled by arbitration in accordance with <br />the Construction Industry Arbitration Rules of the American Arbitration Association. and <br />judgment of the award rendered by the Arbitrator(s) may be entered in any court having <br />jurisdiction thereof. <br />29. WaiverBreach: A waiver or breach of any of the terms or conditions hereof shall, not be <br />construed as a waiver by Orange County of any subsequent breach. Any consent to delay in the <br />performance of any obligation to be performed by .MebTel shall be applicable only to the <br />particulaz transaction to which it relates and it shall not be applicable to any other obligation or <br />transaction of MebTel. <br />30. Written Notification: Written notice shall be deemed to have been duly served if <br />delivered in person to an employee of MebTel, to a member of MebTel's firm, or to an officer of <br />the corporation for whom it is intended, or if delivered at or sent by ordinary mail to the business <br />address of the employee, firm, or corporation for whom it is intended. <br />31. Exhibits: The following exhibits are attached and incorporated hereto as part of this <br />contract: Exhibit 1, Exhibit lA, Exhibit 2, Exhibit 3 and Exhibit 4. <br />32. Miscellaneous: The terms of this Contract or incorporated by referenced addenda may not <br />be modified without the express written consent of both parties. <br />
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