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2005 S Purchasing - Orange Enterprises
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2005 S Purchasing - Orange Enterprises
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Last modified
6/7/2011 11:21:45 AM
Creation date
10/8/2010 12:41:04 PM
Metadata
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Template:
BOCC
Date
4/12/2005
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8a
Document Relationships
Agenda - 04-12-2005-8a
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 04-12-2005
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be enacted. The term "dissolution or liquidation of Orange Enterprises," as used in this <br />subsection, shall not be construed to include the cessation of the corporate existence of Orange <br />Enterprises resulting either from a merger or consolidation of Orange Enterprises into or with <br />another corporation, provided the merged or consolidated entity continues to perform those <br />covenants, conditions and terms of this Agreement required of Orange Enterprises. <br />The foregoing provisions of this Paragraph are subject to the following limitations: If by <br />reason of force majeure Orange Enterprises is unable in whole or in part to carry out its <br />agreements on its part herein contained, Orange Enterprises shall not be deemed in default <br />during the continuance of such inability. The term "force majeure" as used herein shall mean, <br />without limitation, the following: Acts of God, acts of public enemies, orders of any kind of the <br />government of the United States or of North Carolina or any of their departments, agencies, or <br />officials, or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, <br />earthquake, fire, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government <br />and people, civil disturbances, explosions, breakage or accident to machinery, partial or entire <br />failure of utilities, or any other cause or event not reasonably within the control of Orange <br />Enterprises. Orange Enterprises agrees, however, to remedy with all reasonable dispatch the <br />cause or causes preventing Orange Enterprises from carrying out its agreements. <br />In the event Orange Enterprises should default under any of the provisions of this <br />Agreement and the County should employ attorneys or incur other expenses for the enforcement <br />of performance or observance of any obligation or agreement on the part of Orange Enterprises <br />herein contained, Orange Enterprises agrees that it will, on demand therefor, pay to the County <br />the reasonable fee of such attorneys and such other expenses so incurred by the County. <br />12 <br />
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