2012-086 AMS - Norment Security Group, Inc. for Upgrade of Security System

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TERM: The initial extended warranty is for a 12 month period and wi11 be extended, on an annual basis, for an additional four (4) year period as shown below, subject to anvropriation bv the Oran~e Countv Board of Commissioners. Either partly may terminate this agreement as set forth below (see Termination). Savings Extended Warranty after initial Monthly Annual Payment with ro'ect warrant ex ires Annual Cost Pa ment with 5% Discount Discount Year 1 $ 16,030.00 $ 1,335.83 $ 15,228.50 $ 801.50 Year 2 $ 16,510.90 $ 1,375.91 $ 15,685.36 $ 825.55 Year 3 $ 17,006.23 $ 1,417.19 $ 16,155.92 $ 850.31 Year 4 $ 17,516.41 $ 1,459.70 $ 16,640.59 $ 875.82 Year 5 $ 18,041.91 $ 1,503.49 $ 17,139.81 $ 902.10 PAYN1E1vT: Payments will be made on a quarterly basis due on or before the last day of the month prior to the billing period beginning on the commencement date. The first payment consisting of one fourth the cost of the base price shall be made within thirty (30) days of the execution of this extended warranty. The remaining payments will be made in tl~ree (3) additional payments within ninery (90) day increments following the first payment. All other costs associated with wark performed in accordance with this extended warranty shall be billed separately and invoices for such work shall be paid within thirty (30) days of the date of the invoice. Norment offers a 5% discount for an annual lump sum payment for full contract value. If selected, payment will be due within 45 days of the beginning of each contract period. 5% discount for annual payment (initial here). A late charge in the amount of 1.5 % per month or the highest legal rate, may be assessed against a~y balance past due far more than thirty (30) days together with all costs incurred in collection of overdue amounts. Failure to pay any amount due within sixty (60) days shall be a material breach and Norment shall be discharged from any further obligations under this warranty. TAxES: Customer shall bear the cost of any sales, use, excise or other tax applicable to the services provided hereunder. AccESS: Norment shall be provided unrestricted and timely access to the facilities and all information necessary for Norment to perform the services provided hereunder. Norment shall be provided a safe work place for its personnel. FoxCE MA,iEU1tE: If either ~artv's performance of obligations under this a~reement is materiallv hampered, interrunted, or interfered with bv reason of fire casualty riot war or act of God ar by any local or national emer~encv the affected vartv shall be excused from performance of this agreement. INDEMNIFICATION~ Norment a~rees to hold harmless Customer from and a~ainst anv and all losses, liabilities, and costs (includin~ without limitation attorneys' fees) which Customer may incur become responsible for, or an~pav out as a result of death or bodilv injurv to any~erson or destruction or dama eg to anv vronertv arisin~ out of or in connection with anv ne~lieent acts, errors or omissions of Norment its employees officers directors representatives aeents contractor subcontractors or affiliates in the performance of Services or Norment's breach of anxof its obli~ations under this agreement, or anv violation of law bv Norment or anv of its emplovees officers directors representatives agents contractors subcontractors or affiliates. Customer aerees to hold harmless Norment from and against anv and all losses liabilities and costs (including without limitation, attornevs' fee) which Narment ma~incur become responsible for or ~av out as a result of death or bodilv iniurv to any verson, or destruction or damaQe to anv oro~ertv arising out of or in connection with anynegi~ent acts errors or omissions of Customer, its emnlovees, officers, directars representatives aEents or affiliates in the connection with this a~reement ar Customer's breach of anv of its oblieations under this aereement or anv violation of law bv Customer or anv of its emplovees officers, directors, revresentatives, a~ents, contractors subcontractors or affiliates onlv in the manner and to the extent provided by North Carolina law. Nothine in this section should be construed as a waiver of Customer's defense of sovereign immunitv. Page 2 of 3