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Agenda - 04-19-2011 - 8b
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Agenda - 04-19-2011 - 8b
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Last modified
4/15/2011 11:31:19 AM
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4/15/2011 11:31:17 AM
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BOCC
Date
4/19/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8b
Document Relationships
2011-078 AMS - Walker Automotive Supply, Inc. for Automotive and Facilities Maintenance Supplies
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2011
Minutes 04-19-2011
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2011
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16 <br />{a) All duties, responsibilities and other obligations of each party hereunder <br />shall terminate, except for the payment of any amounts due and owing to PROVIDER at <br />the time of termination. <br />(b) Each party shall immediately return to the other party all equipment, <br />software, books, records, tools and any other personal property owned by the other parry <br />that are in such parry's possession. ORANGE COUNTY shall allow PROVIDER full <br />and unrestricted access to enter into the On Site Location(s) and immediately remove all <br />equipment and other items of personal property owned by PROVIDER without being <br />deemed guilty of trespass or any other violation of the law. All inventory records, sales <br />history, sales analysis and all other information generated by PROVIDER under this <br />Agreement will be returned to ORANGE COUNTY. <br />Nothing contained in this Section shall be deemed a waiver of, or in any other <br />manner impair or prejudice, any other legal rights that either party may have against the <br />other party for any breach of this Agreement. The provisions and obligations of Sections <br />9, 11, 15, 18, and 20 shall survive the termination of this Agreement for any reason. <br />14. BUY BACK OF INVENTORY. Upon termination, expiration, or non- <br />renewal of the contract, PROVIDER shall have the option to require ORANGE <br />COUNTY to purchase any Inventory specifically branded for use by ORANGE <br />COUNTY where such branding reasonably prohibits the use of that inventory by other <br />entities, and ORANGE COUNTY shall have the option to purchase all Inventory, owned <br />by PROVIDER and located in the On Site Location(s) at PROVIDER's current <br />acquisition cost. The Inventory contemplated for purchase by ORANGE COUNTY will <br />be mutually agreed upon by both parties. <br />15. FORCE MAJEURE /DAMAGE OF PREMISES. <br />(a) Whenever performance by either party- of any of their respective <br />obligations (other than the obligation to make payment of money due hereunder) is <br />substantially prevented by reason of any act of God, other industrial or transportation <br />disturbance, fire, floods, riots, acts of enemies, national emergencies or by any other <br />cause not within the reasonable control of such party and not occasioned by its <br />negligence, then such performance shall be excused and the performance of such <br />obligations under this Agreement shall be suspended for the duration of such prevention <br />and for a reasonable time thereafter. <br />(b) PROVIDER may terminate this Agreement immediately in the event that <br />the ORANGE COITNTY's premises are damaged by any casualty, or such portion of the <br />premises is condemned by any legally constituted authority, such as will make ORANGE <br />COUNTY'S premises unusable for the On Site Location(s) in the reasonable judgment of <br />PROVIDER <br />
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