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NORTH CAROLINA <br /> Equipment Installation Agreement <br /> ORANGE COUNTY <br /> This Equipment Installation Agreement (hereinafter "Agreement") for the installation of <br /> equipment in and on the premises of the Piedmont Foods and Agricultural Processing Center <br /> (hereinafter "PFAPC") is made and entered into this 03 day of November, 2011, between Luna <br /> Pops LLC (hereinafter"User") and Orange County (hereinafter the "County"). <br /> THAT WHEREAS the County owns certain property known as the Piedmont Foods and <br /> Agricultural Processing Center located in Hillsborough, North Carolina and operates said <br /> property for governmental services; and <br /> WHEREAS the PFAPC contains a commercial food preparation and processing equipment and <br /> space; and <br /> WHEREAS the County and User entered into a User Agreement dated 06 day of October, 2011, <br /> (hereinafter the"User Agreement"), for the use of the PFAPC; and <br /> WHEREAS the County's currently installed equipment is inadequate to fully serve the needs of <br /> User; and <br /> WHEREAS User desires to install equipment within the PFAPC for the specific purpose of <br /> furthering User's food preparation and processing. <br /> NOW, THEREFORE,the parties hereby agree as follows: <br /> 1. Obligations of the County. <br /> a) Allow User to install equipment needed to further User's needs in food preparation <br /> and processing. <br /> b) Provide heating, air conditioning, and general utilities. <br /> c) Provide adequate access to the PFAPC facility to allow User to install approved <br /> equipment in an approved location. Installation time at the discretion of the PFAPC <br /> manager. <br /> 2. Obligations of User. <br /> a) User shall document fully herein in Section 5 all equipment (hereinafter the <br /> "Equipment")to be installed by User. <br /> b) User shall abide by the PFAPC manager's determination of an acceptable time and <br /> location to install approved equipment. <br /> c) User is solely responsible for all costs, fees, and expenses associated with the <br /> installation and un-installation of the Equipment and/or the costs, fees and expenses <br /> associated with the installation or un-installation of any other equipment that may be <br /> affected by the Equipment. <br /> 1 <br />