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2012-086 AMS - Norment Security Group, Inc. for Upgrade of Security System
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2012-086 AMS - Norment Security Group, Inc. for Upgrade of Security System
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7/5/2012 5:01:22 PM
Creation date
4/20/2012 9:13:47 AM
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BOCC
Date
4/20/2012
Meeting Type
Work Session
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Agreement
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Mgr Signed
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2012-086 S AMS - Norment Security Group $144,789
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ii) Should this Agreement be tertninated, the Provider shall deliver to the County within seven (7) <br />days, at no additional cost, all deliverables including any electronic data or files relating to the <br />Proj ect. <br />d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to <br />require compliance by the Provider with any provisions of this Agreement or the waiver by the County of <br />any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any <br />breach of this Agreement or a waiver of any other required compliance with this Agreement. <br />11. Additional Provisions <br />a. Limitation and Assi~nment. The County and the Provider each bind themselves, their successors, assigns <br />and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign <br />or transfer its interest in this Agreement without the written consent of the other. <br />b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective <br />parties hereunder shall be governed by the laws of the State of North Carolina. <br />c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any <br />provision of, or the performance or non-performance of, this Agreement shall be brought in the General <br />Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties <br />that no other court shall have jurisdiction or venue with respect to such suits ar actions. The Parties may <br />agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. <br />d. Entire A~reement. This Agreement, together with the RFP and its attachments and the Proposal and its <br />attachments, represents the entire and integrated agreement between the County and the Provider and <br />supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement <br />may be amended only by written instrument signed by both parties. Modifications may be evidenced by <br />facsimile signatures. <br />e. Severabilitv. If any provision of this Agreement is held as a matter of law to be unenforceable, the <br />remainder of this Agreement shall be valid and binding upon the Parties. <br />f. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, <br />items or things that are specific to this Project such documents, items or things shall become the properiy <br />of the County and may be used on any other project without additional compensation to the Provider. The <br />use of the documents, items or things by the County or by any person or entity for any purpose other than <br />the Project as set forth in this Agreement shall be at the full risk of the County. <br />g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this <br />Agreement is based upon the availability of public funding under the authority of its statutory mandate. <br />In the event that public funds are unavailable and not appropriated for the performance of County's <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to <br />County immediately upon written notice to Provider of the unavailability and non-appropriation of public <br />funds. It is expressly agreed that County shall not activate this non-appropriation provision for its <br />convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure <br />during a substantial fiscal crisis. <br />In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state <br />and/or federal legislative or regulatory action, which adversely affects County's authority to continue its <br />obligations under this Agreement, then this Agreement shall automatically terminate without penalty to <br />County upon written notice to Provider of such limitation or change in County's legal authority. <br />Revised July 2010 5 <br />
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