Orange County NC Website
It is agreed that this Agreement shall be governed by, construed, and enforced in <br /> accordance with the laws of the State of North Carolina. <br /> As noted in Section Two,the County will operate or cause to be operated concessions at <br /> the Cedar Grove Park ball fields for HYAA activities, at its discretion,to offset costs of field <br /> maintenance, increased materials, increased equipment use, breakage, and other costs that the <br /> County will incur as part of this Agreement. <br /> HYAA shall not issue sublicenses for the use of the Cedar Grove or Fairview Park ball <br /> fields described herein. Any sublicense shall be void and any attempt to issue a sublicense shall <br /> constitute breach of this Agreement. <br /> An HYAA representative shall meet annually with the County Manager or County <br /> Manager's designee to review this Agreement, discuss the Parties' compliance therewith, review <br /> proposed special HYAA events as described in Section One (C), and discuss suggested - <br /> modifications thereto. Any cases of sustained field damage from possible overuse will also be <br /> evaluated at this meeting. <br /> The failure of the County to require compliance by the HYAA 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 the terms of this Agreement. <br /> Any modification of this Agreement or additional obligation assumed by either party in <br /> connection with this Agreement shall be binding only if evidenced in writing signed by each <br /> party or an authorized representative of each party. <br /> By signing below, the representative of HYAA warrants that he/she is authorized to <br /> execute this Agreement on behalf of HYAA, and that he/she has obtained all authorizations, <br /> approvals, and resolutions from HYAA that are necessary in order to duly bind HYAA to this <br /> Agreement. <br /> SIGNATURE PAGE TO FOLLOW <br />