Orange County NC Website
Browse       Search
Agreement, County may, without fault or penalty, withhold any payment associated with the <br /> work to be performed until such time as said work is completed. Payments shall be made as <br /> follows: <br /> a. $225.00 per/hour for attorney services <br /> 2. Non-waiver: Failure by County at any time to require the performance by Provider of <br /> any of the provisions hereof shall in no way waive or affect the County's right hereunder to <br /> enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any <br /> succeeding breach or a waiver of this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent Provider, and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall <br /> not be treated as an employee with respect to the Services performed hereunder for federal or <br /> state tax, unemployment or workers' compensation purposes. The Provider understands that <br /> neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on <br /> behalf of the Provider or the employees of the Provider. <br /> 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to <br /> adequately insure itself during the performance of these services as required by the County's <br /> Risk Management Policy, <br /> 5. Termination: This Agreement may be terminated at any time by mutual written <br /> agreement of the parties or by the County upon written notice to the Provider. <br /> 6. Entire Agreement: The parties have read this Agreement and agree to be bound by all of <br /> its terms, and further agree that it constitutes the complete and exclusive statement of the <br /> Agreement between the parties unless and until modified in writing and signed by the parties. <br /> Modifications may be evidenced by facsimile signature. <br /> 7. Governing Law: Both parties agree that this Agreement shall be governed by the laws of <br /> the State of North Carolina. Should either party initiate litigation to settle any dispute involving <br /> the terms of this Agreement such litigation shall be initiated in the General Court of Justice of <br /> North Carolina seated in Orange County,North Carolina. <br /> 8. Non Appropriation: Provider acknowledges that County is a governmental entity, and <br /> the validity of this Agreement is based upon the availability of public funding under the authority <br /> of its statutory mandate. In the event that public funds are unavailable and not appropriated for <br /> the performance of County's obligations under this Agreement, then this Agreement shall <br /> automatically expire without penalty to County immediately upon written notice to Provider of <br /> the unavailability and non-appropriation of public funds. <br /> IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement <br /> effective as of the day first written above. <br /> [SIGNATURE PAGE TO FOLLOW] <br />