Agenda - 11-16-2010 - 4k - Laserfiche WebLink

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completion, loss and damage to the Sites and the Facilities from any cause whatsoever, it • being the parties' intention that the Installment Payments will be made in all events unless the County's obligation to make Installment Payments is terminated as provided in this Contract. 2.5. Appropriations. (a) The County will cause the Budget Officer to include in the initial proposal for each of the County's annual budgets the amount of all Installment Payments and estimated Additional Payments coming due during the Fiscal Year to which such budget applies. Notwithstanding that the initial proposed budget includes an appropriation for Contract Payments, the County Board may determine not to include such an appropriation in the final County budget for such Fiscal Year; further, the County Board may amend an adopted budget to delete an approved appropriation. (b) If within 15 days after the beginning of any Fiscal Year the County has not appropriated an amount equal to the Installment Payments and estimated Additional Payments coming due during such Fiscal Year, or if at any time the County amends the annual budget to reduce the amount appropriated for Contract Payments, then the County must send a notice to such effect to the Trustee, and to the LGC, to the attention of its Secretary, at the Albemarle Building, 325 North Salisbury Street, Raleigh, NC 27603. ARTICLE III • COUNTY'S RESPONSIBILITIES 3.1. Care and Use. The County will use the Sites and the Facilities in a careful and proper manner, and will keep the Mortgaged Property in good condition, repair, appearance and working order for the purposes intended. 3.2. Utilities. The County will pay all charges for utility services furnished to or used on ar in connection with the Sites and the Facilities. 3.3. Risk of Loss. The County will bear all risk of loss to and condemnation of the Facilities and the Sites. Upon loss, damage or condemnation of the Mortgaged Property, the County will proceed as provided in Article VI. 3.4. Company's Performance of County's Responsibilities. Any performance required of the County or any payments required to be made by the County for the insurance, maintenance or preservation of the Mortgaged Properly may, if not timely performed or paid, be performed or paid by the Company. The County will then reimburse the Company for any such payments and for any associated costs and expenses, legal or otherwise, together with interest thereon at the annual rate of 4.00%, • all as Additional Payments under this Contract. 4