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1996 NS Amendment to Facilities Services Agreement Community Activity Corporation
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1996 NS Amendment to Facilities Services Agreement Community Activity Corporation
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Last modified
10/30/2013 9:35:46 AM
Creation date
10/30/2013 9:35:43 AM
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Template:
BOCC
Date
8/20/1996
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
VIII-I
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5 <br /> wg <br /> force and effect as if done on the nominal date provided herein, and no interest shall accrue <br /> after such nominal date. <br /> on 3.02. Security for Payment of the Fee. The payment obligation under this Agreement <br /> citzai obligation of the County, payable from the County's funds and from the earnings and all <br /> lved by the County From whatever source derived, to the extent that County's funds are <br /> le far 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. GEN. 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, recoupment, setoff, counterclaim, or <br /> t arising out of or related to the Agreement, including the temporary closing of the CAC for no <br /> !� thja,three (3) full consecutive months or the closing of the CAC for 90 days during a I2 <br /> motive month period. CIosing of the CAC for more than three (3) full consecutive months or the <br /> of the CAC for 90 days during a 12 consecutive month period will, however, effect a termination <br /> �.."'''" oreement unless otherwise mutually approved b the artier pursuant to Section 16.06 contained <br /> d(the:A, Y PF Y P P <br /> 1 .4 and if the cause of the termination was Force Majeure, the Agreement will automatically be <br /> wed when the CAC is again open. <br /> Section 3.04. Fee. The Fee shall cover payment for ail services to be provided under this <br /> rent 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 /> ARTICLE rV <br /> DURATION <br /> Section 4.01. Effective Date. This Agreement shall be effective when approved by the respective <br /> .ring bodies of each parry,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 ten <br /> :0-4:Yam from the Opening Date, as herein defined in Section 3.01. <br /> ARTICLE v <br /> PEIMN va, <br /> The Corporation shall employ a General Manager who shall serve at the sole expense of the <br /> � arazion and shall provide the active management of the CAC. The Corporation retains the right and <br /> bility to exercise frill control and supervision over its employees and their terms and conditions M a !oYment except as otherwise provided herein. Without limiting the generality of the foregoing, <br /> 3 <br />
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