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~~~ <br />FacilityDude.com Agreement <br />This FacilityDude.com Agreement (the "Agreement") is entered into by and between FacilityDude.com, <br />Inc., a North Carolina corporation, with offices at 11000 Regency Parkway, Suite 200, Cary, North <br />Carolina 27518 ("FacilityDude.com") and Orange County, North Carolina, a North Carolina local <br />government entity, with offices at 200 South Cameron Street, Hillsborough, NC 27287 ("Customer"). <br />This Agreement is effective as of the date the document has been signed by both parties (the "Effective <br />Date"). This Agreement governs Customer's access to and use of the Service. <br />As part of the Service, FacilityDude.com will provide you with use of the Service, including access to the <br />system, data transmission, access and storage. Your registration for, or use of, the Service shall be <br />deemed to be your agreement to abide by this Agreement, whether you purchase directly, through one <br />of our other distribution channels or whether it is included as part of a service contract by a third party. <br />Price and Payment <br />You will pay or your third party agreement party shall pay all fees or charges to your account in <br />accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and <br />payable. FacilityDude.com must be provided with a valid credit card or purchase order information as a <br />condition to signing up for the Service, except for trial periods which allow you to try the service for a <br />limited time after which FacilityDude.com must be provided with a valid credit card or purchase order <br />information as a condition for continued service. You or your third party must also report and pay any <br />applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit <br />approval. <br />We maintain the right to escalate our service fees upon client renewal. We will not escalate our service <br />fees any more on a percentage basis than the relevant producer price index percentage escalation over <br />the two most recent calendar years as published by the Bureau of Labor Statistics for similar products <br />and services. <br />Charges <br />Facili#yDude.com will automatically renew and bill your credit card or issue an invoice to you or your <br />third party paying for the service as follows: (a) every year for annual subscriptions, or (b) upon the <br />commencement of the annual term and then at each subsequent anniversary of that initial term for <br />continuous annual subscriptions, or (c) monthly invoicing or charges if payment terms are set upon a <br />monthly billing program. The renewal charge shall be equal to the then current pricing schedule which is <br />based on your number of facilities and/or your total square footage, unless FacilityDude.com notifies <br />you in advance to the contrary. You will have 30 days after the date that any renewal fee is posted to <br />notify FacilityDude.com that you wish to cancel your subscription, effective on receipt of such <br />notification. All invoices shall be due and payable within 30 days after the invoice date. Provided <br />however, in the event the amount stated on an invoice is disputed by the County, the County may <br />withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the <br />dispute. <br />Page 1 of 8 <br />