Orange County NC Website
Browse       Search
<br />. -f <br />9. Information and Reports. Consultant shall, at such time and in such form as <br />County may require, furnish such periodic reports concerning the status of the project, <br />such statements, certificates, approvals and copies of proposed and executed plans and <br />claims and other information relative to the project as may be requested by County. <br />10. Copyright. County acknowledges that the report format to be provided by <br />Consultant is copyrighted. Consultant shall ensure that all copies of its report bear the <br />copyright legend. County agrees that all ownership rights and copyrights thereto lie with <br />Consultant. County may use the report solely for and on behalf of County's operations. <br />County agrees that it will take appropriate action by instruction, agreement or otherwise <br />with its employees to satisfy its obligations with respect to use, copying, protection and <br />security of the report format. <br />11. Notices. Any notices, bills, invoices, or reports required by this agreement <br />shall be sufficient if sent by the parties in the United States mail, postage paid, to the <br />address noted below: <br />Orange County MAXIMUS, Inc. <br />208 S. Cameron Street 1100 Logger Court, Suite D-100 <br />Hillsborough, NC 27278 Raleigh, NC 27609 <br />12. Assignment. Consultant agrees not to assign, convey or transfer its interest in <br />this Agreement to any other entity without the prior written consent of County, which <br />consent shall not be unreasonably held, provided however, that Consultant may assign this <br />Agreement to its parent corporation or to an affiliated company that succeeds to the <br />business of Consultant contemplated herein. <br />13. Consultant Liability if Audited. Consultant will assume all financial and <br />statistical information provided to Consultant by County employees or representatives is <br />accurate and complete. Any subsequent disallowance of funds paid to County under the <br />claim for whatever reason is the sole responsibility of County. In no event shall either <br />party, its directors, officers, employees or agents be liable for any special, incidental, <br />punitive, indirect, or consequential damages arising out of or in connection with the services <br />provided or software licensed under this agreement, including but not limited to lost revenue, <br />lost profits, replacement goods, loss of technology rights or services, loss of data, or <br />interruption or loss of use of software or any portion thereof, even if advised of the possibility <br />of such damages. This limitation shall apply to all claims whether under theory of contract, <br />tort (including negligence), strict liability, or otherwise. MAXIMUS liability (if any) to <br />County or any third party is limited to the amount paid to MAXIMUS for software license <br />fees and/or the services. <br />14. Contingencies. County intends to make all payments required to be made <br />under the Agreement for the term of the contract. However, in the event, through no <br />action initiated by County, the County Board of Commissioners does not appropriate funds <br />3 <br />