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Contract#68-2009 <br /> Charles House Association <br /> commercial software,or internal components,subroutines, <br /> and interfaces therein)that perform any date and/or time Time of the Essence: Time is of the essence in the <br /> data recognition function, calculation, or sequencing will performance of this contract. <br /> support a four digit year format and will provide accurate <br /> date/time data and leap year calculations. This warranty Executive Order#24: It is unlawful for any vendor, <br /> shall survive the termination or expiration of this contract. contractor, subcontractor or supplier of the state to make <br /> gifts or to give favors to any state employee. For <br /> Certification Regarding Collection of Taxes: G.S. 143- additional information regarding the specific <br /> 59.1 bars the Secretary of Administration from entering requirements and exemptions,contractors are <br /> into contracts with vendors that meet one of the conditions encouraged to review Executive Order 24 and G.S. Sec. <br /> of G.S. 105-164.8(b)and yet refuse to collect use taxes on 133-32. <br /> sales of tangible personal property to purchasers in North <br /> Carolina. The conditions include: (a) maintenance of a Key Personnel: The Contractor shall not replace any of <br /> retail establishment or office; (b) presence of the key personnel assigned to the performance of this <br /> representatives in the State that solicit sales or transact contract without the prior written approval of the County. <br /> business on behalf of the vendor; and (c) systematic The term "key personnel" includes any and all persons <br /> exploitation of the market by media-assisted, media- identified as such in the contract documents and any other <br /> facilitated, or media-solicited means. The Contractor persons subsequently identified as key personnel by the <br /> certifies that it and all of its affiliates (if any) collect all written agreement of the parties. <br /> required taxes. <br /> Care of Property: The Contractor agrees that it shall be <br /> Miscellaneous responsible for the proper custody and care of any property <br /> furnished to it for use in connection with the performance <br /> Choice of Law: The validity of this contract and any of its of this contract and will reimburse the County for loss of, <br /> terms or provisions,as well as the rights and duties of the or damage to, such property. At the termination of this <br /> parties to this contract,are governed by the laws of North contract, the Contractor shall contact the County for <br /> Carolina.The Contractor, by signing this contract,agrees instructions as to the disposition of such property and shall <br /> and submits,solely for matters concerning this Contract,to comply with these instructions. <br /> the exclusive jurisdiction of the courts of North Carolina <br /> and agrees, solely for such purpose, that the exclusive Travel Expenses: Reimbursement, if provided in this <br /> venue for any legal proceedings shall be Orange County, Agreement, to the Contractor for travel mileage, meals, <br /> North Carolina. The place of this contract and all lodging and other travel expenses incurred in the <br /> transactions and agreements relating to it, and their situs performance of this contract shall not exceed the rates <br /> and forum,shall be Orange County,North Carolina,where established in County policy. <br /> all matters,whether sounding in contract or tort,relating to <br /> the validity,construction,interpretation,and enforcement Sales/Use Tax Refunds: If eligible,the Contractor and all <br /> shall be determined. subcontractors shall: (a) ask the North Carolina <br /> Department of Revenue for a refund of all sales and use <br /> Amendment: This contract may not be amended orally or taxes paid by them in the performance of this contract, <br /> by performance. Any amendment must be made in written pursuant to G.S. 105-164.14; and (b) exclude all <br /> form and executed by duly authorized representatives of refundable sales and use taxes from all reportable <br /> the County and the Contractor. expenditures before the expenses are entered in their <br /> reimbursement reports. <br /> Severability: In the event that a court of competent <br /> jurisdiction holds that a provision or requirement of this Advertising: The Contractor shall not use the award of <br /> contract violates any applicable law, each such provision this contract as a part of any news release or commercial <br /> or requirement shall continue to be enforced to the extent it advertising. <br /> is not in violation of law or is not otherwise unenforceable <br /> and all other provisions and requirements of this contract Orange County Living Wage: Orange County is <br /> shall remain in full force and effect. committed to providing its employees with a living wage <br /> and encourages agencies to which it provides funding to <br /> Headings: The Section and Paragraph headings in these pursue the same goal. The County's living wage hourly <br /> General Terms and Conditions are not material parts of the standard, as adopted by the Orange County Board of <br /> agreement and should not be used to construe the meaning County Commissioners annually, can be found in the <br /> thereof. Orange County Budget Ordinance. To the extent <br /> General Terms and Conditions—(07/10) Page 4 of 5 <br />