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K <br />AGREEMENT <br />THIS AGREEMENT made and entered into this day of November, 2013, by and <br />between ORANGE COUNTY , NORTH CAROLINA hereinafter referred to as the "County ", <br />parry of the first part, and SPRINGSTED INCORPORATED, hereinafter referred to as <br />"Consultants ", party of the second part, <br />WITNESSETH <br />WHEREAS, and in consideration of the mutual benefits accruing to the parties hereto, the <br />Consultants hereby agree to perform all necessary professional management consultant services for <br />completion of an Executive Search for a County Manager described in the Scope of Services, dated <br />July 31, 2013, as attached, and upon the terms and conditions hereinafter provided: <br />1. That certain written proposal for preparation of Executive Search Services for <br />Orange County, North Carolina submitted by Consultants becomes a part of this <br />Agreement and is hereinafter referred to as "Scope of Service ", a copy of which is <br />attached hereto and made a part hereof. <br />2. Consultants' compensation for the services as outlined in the amended Scope of <br />Services, shall be made upon certified billing and progress reports to be made <br />monthly to the County by Consultants for work performed during the preceding <br />month, with payment to be made by the County within thirty (30) days from receipt <br />of such billing. The cost to the County under this Agreement related to said <br />executive search and Scope of Service will not exceed the sum of Nineteen <br />thousand nine hundred dollars ($19,900.00), plus direct out -of- pocket expenses not <br />to exceed Five thousand four hundred fifty dollars ($5,450.00). <br />3. Consultants shall make available all data, notes and memoranda completed during <br />the study and upon completion of the study will forward such materials to the <br />County for its use. <br />4. This Agreement may be terminated by either parry upon seven (7) days' written <br />notice should the other parry fail substantially to perform in accordance with its <br />terms, through no fault of the other. <br />5. All claims, disputes and other matters arising out of or relating to this Agreement or <br />the breach hereof shall be governed by the laws of the State of North Carolina. <br />Venue shall be in Orange County. <br />6. (a) During the performance of this Agreement, the Consultants agree not to <br />discriminate against any employee or applicant for employment because of race, religion, color, <br />sex, national origin, age, disability, gender, ethnicity, sexual orientation, or any other basis <br />1 <br />