Orange County NC Website
5 <br /> 00, <br /> -e force and effect as if done on the nominal date provided herein, and no interest shall accrue <br /> f 'od after such nominal date. <br /> Lion 3.0'L. Security for Payment of the Fee. The payment obligation under this Agreement <br /> �ttal obligation of the County, payable from the County's funds and from the earnings and all <br /> ;ceived by the County from whatever source derived, to the extent that County's funds are <br /> leie <br /> for such purpose and are not pledged for the payment of any other obligation of the County and <br /> any to the limitation set forth in N.C. GM4. STAT. § 153A-149(c). <br /> Section 3.03. No Abatement of Fee. There will be no abatement or reduction of the Fee by the <br /> for any reason, including, but not limited to, any defense, recoupmeat, setoff, counterclaim, or <br /> arising out of or related to the Agreement, including the temporary closing of the CAC for no <br /> than three. (3) full consecutive months or the closing of the CAC for 90 days during a 12 <br /> motive month period. Closing of the CAC for more than three (3) full consecutive months or the <br /> ? g'of the CAC for 90 days during a 12 consecutive month period will, however, effect a termination <br /> �.. °' Bement unless otherwise mutually approved b the artier pursuant to Section 16.06 contained <br /> a(ttyc,Agr Y PP Y P P <br /> and if the cause of the termination was Force Majeure, the Agreement will automatically be <br /> ed when the CAC is again open. <br /> Section 3.04. Fee. The Fee shall cover payment for all services to be provided under this <br /> AV==nt by the Corporation, including but not limited to: <br /> (i) all salaries, benefits, and other expenses incurred by the Corporation personnel <br /> pursuant to this Agreement; <br /> (ii) any Corporation overhead and profit; and <br /> (iii) all other fees, charges, costs, and expenses associated with the Corporation's perfor- <br /> mance of this Agreement. <br /> A.R'ITCLE IV <br /> DuFATtON <br /> Section 4.01. Effective Date. This Agreement shall be effective when approved by the respective <br /> . lag bodies of each party, executed in duplicate counterparts and delivered to the respective parties. <br /> _ Section 4.02. Term of Agreement This Agreement shall continue in full force and effect for tea <br /> from the Opening Date, as herein defined in Section 3.01. <br /> ARTICLE V <br /> PERSONNEL <br /> The Corporation shall employ a General Manager who shall serve at the sole expense of the <br /> y«,+ratloa and shall provide the active management of the CAC. The Corporation retains the right and <br /> 4 asbiiiry to exercise full control and supervision over its employees and their terms and conditions <br /> -�Woytnent except as otherwise provided herein. Without limiting the generality of the foregoing. <br /> 3 <br />