Orange County NC Website
Browse       Search
Contract. Reference to any specific Code provision will be deemed to include any • <br />successor provisions thereto. <br />"Contract Payments" means Installment Payments and Additional Payments. <br />"County Board" means the County's governing board as from time to time <br />constituted. <br />"County Representative" means the County Manager, County finance officer or <br />any other person or persons at the time designated, by a written certificate furnished to <br />the Trustee and signed on the County's behalf by the County Manager or the Chairman of <br />the County Board, to act on the County's behalf for the purpose of performing any act (or <br />any specified act) under this Contract. <br />"Deed of Trust" means the Deed of Trust and Security Agreement, dated as of <br />December 1, 2010, from the County to a deed of trust trustee for the benefit of the <br />Company and its assigns, as it may be duly amended or supplemented. <br />"Event of Default" means one or more events of default as defined in Section 9.1. <br />"Event of Nonappropriation" means a determination by the County Board not to <br />include an appropriation for Contract Payments in the County budget for any Fiscal Year, • <br />as contemplated in Section 2.5(a), or any subsequent action by the County Board to <br />delete such an appropriation from an approved County budget. <br />"Facilities" has the meaning ascribed to that term in the Deed of Trust, and <br />generally includes (a) the County Justice Facility in Hillsborough, North Carolina, and <br />(b) Morris Grove Elementary School in Chapel Hill, North Carolina. <br />"Fiscal Year" -means the County's fiscal year beginning July 1, or such other fiscal <br />year as the County may later lawfully establish. <br />"Force Majeure" means, without limitation, acts of God; strikes, lockouts or other <br />industrial disturbances; acts of public enemies; orders or restraints of any kind of the <br />federal or State government or any of their departments, agencies or officials or any civil <br />or military authority; insurrection; riots; landslides; earthquakes; fires; storms; droughts; <br />floods; falling space debris; explosions; breakage or accidents to machinery, transmission <br />pipes or canals; or any other cause or event not within the County's control but not due to <br />the County's negligence. <br />"Independent Counsel" means an attorney duly admitted to the practice of law <br />before the highest court in the State that is selected by the County and approved by the • <br />Company (which approval will not be unreasonably withheld). <br />24 <br />