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t- <br /> [Departmental Use Only] <br /> TITLE <br /> FY <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 16 day of August, 2013, ("Effective Date") <br /> by and between Orange County,North Carolina, a body politic and corporate organized under the laws of <br /> the State of North Carolina, (the "County"), party of the first part; and Goodnight Carolina, Inc. dba <br /> Goodnight Carolina publishing, http://goodnightcarolina.com/Home_Page.html, and its authorized agent, <br /> Elaine ONeil; <br /> WITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br /> County in accordance with the terms of this Agreement: <br /> The services and/or materials (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: 1) Goodnight Carolina (copyright) and its creators: Missy Julian <br /> Fox, Marie Myers Lloyd and Elaine O'Neil give the Chapel Hill/Orange County Visitors Bureau <br /> permission to base a visitor brochure and corresponding mobile application around the book in brochure <br /> and corresponding App format for use with Visitors. Goodnight Carolina and its creators grant use of all <br /> graphics, copy and creative illustrations used in said book for a brochure and mobile application that will <br /> be promoted by the Visitors Bureau for unlimited use of time and distributed to guests to Orange County <br /> via direct mail, hotel distribution, bookstore distribution and through visitor guide and similar vehicles <br /> used by the Visitors Bureau to promote the amenities of Orange County. <br /> The term of this agreement rendered shall be from upon initiation of agreement to and for a <br /> twelve-month period commitment. Cancellation after 12 months will require a 30 day written notice by <br /> the County. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing <br /> and providing the services required or necessary under this Agreement in a fully competent, professional <br /> and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or <br /> omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, <br /> discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that <br /> Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider <br /> assign any right or responsibility granted or required by this Agreement, without the prior written <br /> approval of the County. <br /> SPECIFIC TERMS <br /> 1.Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord <br /> with this Agreement. The amount to be paid by the County shall not exceed Zero dollars, ($0) to <br /> Goodnight Carolina creators. The county will pay for brochure, printing and mobile App creation <br /> modeled on the book. <br /> 2. Non-waiver: Failure by County at any time to require the performance by Provider of any of <br /> the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver <br /> of this Non-Waiver Clause. <br />