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NORTH CAROLINA <br />PERFORMANCE AGREEMENT <br />ORANGE COUNTY <br />THIS AGREEMENT made and entered into the by and between the TOWN OF CHAPEL HILL, a <br />North Carolina Municipal Corporation, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North <br />Carolina 27514, hereinafter referred to as "Town" and Chapel Hill /Orange County Visitors Bureau, <br />501 West Franklin Street, Suite 104, Chapel Hill, NC 27516, herein "Contractor" for services <br />hereinafter described for the Town of Chapel Hill. This contract is for a comprehensive visitor <br />services program targeted toward providing services to potential visitors to Chapel Hill and Orange <br />County for FY 2012 -13. <br />WHEREAS, Contractor agrees to provide a comprehensive visitor services program targeted <br />toward providing services to potential visitors to Chapel Hill and Orange County; and <br />WHEREAS, the Contractor shall use Town funds for general operational support and to provide <br />visitor services; and <br />WHEREAS, it is in the interest of the Town that said program be assisted by the Town and <br />thereby be available to the residents and visitors of the Town; <br />WITNESSETH <br />NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions <br />hereinafter set forth, the Town and Contractor agree as follows: <br />1. Town Support: Contractor agrees to provide the services described in the Work Statement of <br />this Agreement. By resolution 2012 -06- 25/0 -6.1 the Town appropriated the sum of One <br />Hundred Seventy Five Thousand Dollars ($175,000) to the Contractor for the fiscal year 2012- <br />2013. The Town will also pay the Contractor 50% of any additional revenues collected in the <br />event that hotel /motel occupancy receipts exceed the budgeted amount of $950,000. The Town <br />does not obligate itself to provide any other support to Contractor this fiscal year or in succeeding <br />years. <br />2. Hold Harmless: Contractor agrees to indemnify and hold harmless the Town of Chapel Hill <br />and its officers, agents and employees from all loss, liability, claims or expense (including <br />reasonable attorneys' fees) arising from bodily injury, including death or property damage to any <br />person or persons caused in whole or in part by the negligence or willful misconduct of the <br />Contractor except to the extent same are caused by the negligence or misconduct of the Town. <br />3. Non- Discrimination: The Contractor shall administer all functions without discrimination <br />because of race, creed, sex, national origin, age, economic status, sexual orientation, gender <br />identity or gender expression. <br />4. Payment and Documentation: Contract amount not to exceed $175,000, unless Town <br />