Orange County NC Website
4 <br /> 8. Miscellaneous Provisions. <br /> a. Termination of Agreement. The obligations of the parties hereunder and <br /> the specific obligation of EmPOWERment to acquire; rehabilitate, if necessary; and resell <br /> available property in the form of single family dwellings; condominiums, and/or townhouse <br /> located in orange County to eligible Orange county residents shall terminate upon the <br /> completion of the sale of the Property to a homebuyer. Continuing obligations of the <br /> _ homebuyer shall be contained in the note and deed of trust to be recorded at the time of <br /> closing of the sale of the Property. Notwithstanding the foregoing, the parties hereto <br /> may terminate this Agreement at any time by a mutual agreement to that effect in <br /> writing. <br /> b. Default, Remedies, This Agreement may be terminated by a non-- <br /> defaulting party upon an event of default hereunder, after written notice thereof is given <br /> giving the defaulting party thirty (30) days in which to cure the default. As used herein, <br /> the term "an event of default" shall mean and refer to a breach of any of the terms of <br /> this Agreement including a failure to meet the time limitations contained in this <br /> Agreement and a failure to act as required by this Agreement by either party with <br /> respect to any undertaking, obligation, covenant or condition as set forth in this <br /> Agreement which the defaulting party has not cured. With respect to any event of <br /> default, the non-defaulting party may exercise any right available to it at law or in equity <br /> with respect to such default. <br /> C. Books and Records. Each party shall keep and maintain books, records <br /> and other documents relating directly to the receipt and disbursement of grant funds <br /> and the fulfillment of this Agreement. Each party agrees that any authorized <br /> representative of the County, the State, the U.S. Department of Housing and Urban <br /> Development and Comptroller General of the united States shalt, at all reasonable <br /> times, have access to and the right to inspect, copy, audit and examine all of the books, <br /> records and other documents relating to the grant and the fulfillment of this Agreement <br /> for a period of three (3) years following the completion of the Project. <br /> d. Conflict with HOME Agreement. Notwithstanding anything herein to the <br /> contrary, the parties hereto acknowledge the due execution of a HOME Program <br /> Agreement between the County and the U.S. Department of Housing and Urban <br /> Development and agree that any conflict between the provisions, requirements, duties <br /> or obligations of this Agreement and the HOME Agreement shall be resolved in favor of <br /> the HOME Agreement. <br /> e. Notices. Any Notice shall be in writing and shall be given by depositing <br /> the same in the United States mail, post-paid and registered or certified, and addressed <br /> to the party to be notified, with return-receipt requested, or by delivering the same in <br /> person to an officer or principal of such party. Notice deposited in the mail in the <br /> manner here in above described shall be effective upon mailing. For purposes of <br /> Notice, the addresses of the parties shall, unless changed as hereinafter provided, be <br /> as follows: <br />