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2011-129 County Manager - FacilityDude.com - Nicholas Mirisis Energy Consultant $n/a
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2011-129 County Manager - FacilityDude.com - Nicholas Mirisis Energy Consultant $n/a
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Last modified
1/9/2012 11:04:19 AM
Creation date
6/14/2011 10:30:42 AM
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BOCC
Date
6/14/2011
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager Signed
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re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will <br />be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically <br />authorized by the United States Government for such purposes. You shall comply strictly with all United <br />States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be <br />required. <br />Submissions <br />FacilityDude.com alone will own all right, title and interest, including all related intellectual property <br />rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you <br />relating to the Service ("Submissions") and you agree to assign such Submissions to FacilityDude.com <br />free of charge. FacilityDude.com may use such Submissions as it deems appropriate in its sole discretion. <br />Notice <br />FacilityDude.com may give notice by means of a general notice on the Service, electronic mail to your e- <br />mail address on record in FacilityDude.com's account information, or by written communication sent by <br />first class mail to your address on record in FacilityDude.com's account information. You may give notice <br />to FacilityDude.com (such notice shall be deemed given when received by FacilityDude.com) at any time <br />by any of the following: electronic mail to sales@FacilityDude.com; letter sent by confirmed facsimile to <br />FacilityDude.com at the following fax number: 919-459-3107; letter delivered by nationally recognized <br />overnight delivery service or first class postage prepaid mail to FacilityDude.com at the following <br />address: FacilityDude.com, 11000 Regency Parkway, Suite 200, Cary, NC 27518. <br />Modification to Terms <br />The terms and conditions of this Agreement shall be amended by mutual written consent of the parties. <br />Beneficiaries <br />The rights and limitations in this Agreement are also for the benefit of FacilityDude.com's licensors each <br />of whom shall have the right to enforce its rights hereunder directly and on its own behalf. <br />General <br />This Agreement will be governed by North Carolina law and controlling United States federal law, <br />without regard to the choice or conflicts of law provisions of any jurisdiction. The Parties agree that <br />jurisdiction and venue for any matter arising out of or pertaining to this Agreement shall be proper only <br />in the state and federal courts located in Orange County and the Middle District of the State of North <br />Carolina, and the Parties hereby consent to such jurisdiction and venue. No text or information set forth <br />on any other purchase order, preprinted form or document shall add to or vary the terms and conditions <br />of this Agreement. The English language version of this Agreement shall control. If any provision of this <br />Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such <br />provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or <br />unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, <br />partnership, employment, or agency relationship exists between you and FacilityDude.com as a result of <br />this agreement or use of the Service. The failure of FacilityDude.com to enforce any right or provision in <br />this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed <br />to by,FacilityDude.com in writing. This Agreement comprises the entire agreement between you and <br />FacilityDude.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, <br />whether written or oral, between the parties regarding the subject matter contained herein. <br />Page 7 of 8 <br />
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