Orange County NC Website
Browse       Search
25 <br />APPROVED 12/05/05 <br />Facility, with regard to RFP's experiences at other similar facilities, and shall within fifteen (15) <br />days of such review advise the County in writing of the results of its review and of any changes, <br />additions or increases to the insurance requirements hereunder or applicable to third parties <br />which are advisable under best facility management practices. <br />(c) The parties hereto shall each immediately notify the other, along with any <br />applicable insurance carrier(s), in writing of any occurrence or discovery which could result in <br />an insurance claim hereunder. <br />(d) RFP shall require reasonable liability insurance from all third -party users <br />of the Facility and shall enforce the provisions contained in all third party contracts entered into <br />in connection with the Facility, including the insurance requirement contained in all County <br />approved event license, concessionaire, subcontractor and other similar agreements. <br />9. Ownership of Assets. <br />9.1 Ownership. <br />The ownership of buildings and real estate, technical and office equipment and <br />facilities, furniture, displays, fixtures, vehicles and similar tangible property located at the <br />Facility shall remain with the County. Ownership of and title to all intellectual property rights of <br />whatsoever value, related to the Facility in any way shall remain the sole property of the County, <br />with the exception of any proprietary software developed by RFP prior to the date of this <br />Agreement. The ownership of consumable assets (such as office supplies and cleaning materials) <br />purchased with Operating Revenues or County funds shall remain with the County, but such <br />assets may be utilized and consumed by RFP in the performance of services under this <br />Agreement. The ownership of data processing programs and software owned by the County shall <br />remain with the County, and the ownership of data processing programs and Software owned by <br />RFP shall remain with RFP. RFP shall not take or use, for its own purposes or for those of third <br />parties,_member, nser_or. exhibitor..lists_or..similar. materials developed.by. or provided_.to the . _ ..._ .............. <br />County for the use of the Facility, unless written consent is granted by the County. Ownership of <br />equipment, fimiishings, materials or fixtures not considered to be real property and other <br />personal property purchased by RFP with County funds for use at and for the Facility shall vest <br />in the County automatically and immediately upon purchase or acquisition. The assets of the <br />County as described herein shall not, by RFP or anyone other than the County, contracting with <br />RFP, be pledged, liened, encumbered or otherwise alienated or assigned other than in the <br />ordinary course of business of the Facility. <br />9.2 County Obli ations. <br />Except as herein otherwise set forth, throughout the terns of this Agreement, the <br />County will maintain full beneficial use and ownership of the Facility and will pay, keep, <br />observe and perform all payments, terms, covenants, conditions and obligations under any bonds, <br />debentures or other security agreements or contracts relating to the Facility to which the County <br />may be bound, and RFP shall reasonably cooperate with the County in this regard. <br />23 <br />