Orange County NC Website
t <br /> 10 <br /> if its property, and such proceeding or appointment shall not be vacated or fully stayed within <br /> inety (90) days after the institution or occurrence thereof; or <br /> 'p) Any warranty, representation, or statement made by the County herein or in any ocher <br /> document executed or delivered in connection herewith is found to be incorrect or misleading in <br /> ;a y material respect on the date trade. <br /> ib, <br /> Ai, The Corporation shall be deemed to be in default hereunder upon the happening of any <br /> ouowing events of default: <br /> �""` (i) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation is instituted <br /> inst the Corporation, or a receiver, custodian, or similar officer is appointed for the <br /> Swig <br /> rporation or any of its property, and such proceeding or appointment shall not be vacated or <br /> y stated within ninety (90) days after the institution or occurrence thereof; or <br /> (ii') The CAC is closed for more than three (3) consecutive months or if the CAC is closed for <br /> 'x,90 days during a twelve consecutive month period (1) unless such closing occurred as a result <br /> of Farce Majeure as defined in Section 16.11 or (2) unless otherwise mutually approved by the <br /> parties pursuant to Section 16.06 contained herein. <br /> 'Section 14.02. Remedies. Each party hereto will have all remedies available at law or in equity <br /> n ;:rorce any of the terms and provisions hereof, including, but not limited to, actions at law for <br /> a6ges and equitable actions seeking rescission of this Agreement and/or injunctive relief(mandatory <br /> orprohibitory) to prevent the breach or threatened breach of any term or provision thereof or to enforce <br /> tbe`performance of all terms and conditions of this Agreement. All remedies are cumulative; the exercise <br /> dmy one or more of them will not in any way alter or diminish the rights of the exercising parry to any <br /> otia rcmcdy provided herein or at law or in equity. <br /> Section 14.03. Attorneys'Fees. In the event of any breach or default by either parry of any of <br /> metetms and conditions of this Agreement, the non-defaulting party.will be entitled to reimbursement <br /> fMM the defaulting parry of all of its cc= and expenses in enforcing any of the terms and conditions of <br /> thin Agreement, including all reasonable and necessary attorneys' fees incurred thereby. <br /> ARTICLE XV <br /> NOTIM <br /> Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions, <br /> or Other communications given pursuant to this Agreement must be in writing and will be sufficiently <br /> and will be deemed given when mailed by certified mail, postage prepaid, addressed as follows: <br /> County: County Manager <br /> Orange County Government Services Center <br /> 200 S. Cameron <br /> Hillsborough, North Carolina 27278 <br /> 8 ' <br />