Orange County NC Website
Browse       Search
8.1 Changes in Basic Services. Changes in the Basic Services and entitlement to <br /> additional compensation or a change in duration of this Agreement shall be made by a written <br /> Amendment to this Agreement executed by the County and the Consultant. The Consultant shall <br /> proceed to perform the Services required by the Amendment only after receiving a fully executed <br /> Amendment from the County. <br /> ARTICLE 9 TERMINATION <br /> 9.1 Termination. This Agreement may be terminated by either party upon seven (7) <br /> days prior written notice. <br /> 9.2 Compensation After Termination <br /> 9.2.1 In the event of termination, the Consultant shall be paid that portion of the fees <br /> and expenses that it has earned to the date of termination, less any costs or expenses incurred or <br /> anticipated to be incurred by the County due to errors or omissions of the Consultant. <br /> 9.2.2 Should this Agreement be terminated, the Consultant shall deliver to the County <br /> within seven(7) days, at no additional cost, all Deliverables including any electronic data or files <br /> relating to the Project. <br /> 9.3 Waiver. The payment of any sums by the County under this Agreement or the <br /> failure of the County to require compliance by the Consultant with any provisions of this <br /> Agreement or the waiver by the County of any breach of this Agreement shall not constitute a <br /> waiver of any claim for damages by the County for any breach of this Agreement or a waiver of <br /> any other required compliance with this Agreement. <br /> ARTICLE 10 ADDITIONAL PROVISIONS <br /> 10.1 Limitation and Assignment. The County and the Consultant each bind <br /> themselves, their successors, assigns and legal representatives to the terms of this Agreement. <br /> Neither the County nor the Consultant shall assign or transfer its interest in this Agreement <br /> without the written consent of the other. <br /> 10.2 Governing Law. This Agreement and the duties, responsibilities, obligations <br /> and rights of respective parties hereunder shall be governed by the laws of the State of North <br /> Carolina. <br /> 10.3 Dispute Resolution. Any and all suits or actions to enforce, interpret or seek <br /> damages with respect to any provision of, or the performance or non-performance of, this <br /> Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange <br /> County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or <br /> venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing of such suit or action. <br /> 10.4 Entire Agreement. This Agreement represents the entire and integrated <br /> agreement between the County and the Consultant and supersedes all prior negotiations, <br /> representations or agreements, either written or oral. This Agreement may be amended only by <br /> Revised July 2012 <br /> 5 <br /> mmm� <br />