2013-543 Health - The Frame Works Institute for Consulting $7,500

Browse Search

(b)Non—waiver: Failure by Funder at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the Funder's right hereunder to enforce the same, nor shall any waiver by the Funder of any breach be held to be a waiver of any succeeding breach or a waiver of this Non- Waiver Clause. (c) Reimbursement of Expenses: Frameworks shall be responsible for payment of all expenses incurred in the performance of the services described in Paragraph 1 above. Any additional expenses associated with this project shall be borne by Frameworks unless Frameworks has received written approval in advance from the Funder; in that case, such expense shall be reimbursed within 30 days of the presentation to the Funder of a detailed invoice and receipt. Any additions to the scope of work outlined above, such as additional trips or research locations, will incur additional expenses, and must be approved by both parties. 4. BREACH OF CONTRACT: Each party recognizes that the consulting services to be rendered under this Agreement by Frameworks are special, unique and extraordinary in character. In the event of breach by either party of the terms and conditions of this Agreement, the other party shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to seek damages for any breach of this agreement,to obtain an injunction restraining any violation of this Agreement, or to enforce the specific performance of this Agreement by FrameWorks. 5. INDEPENDENT CONTRACTOR: FrameWorks shall perform consulting services pursuant to this Agreement as an independent contractor with respect to the Funder, and nothing in this Agreement shall create, or be deemed to create, any relationship of employer and employee or of master and servant between the Funder and FrameWorks. 6. ASSIGNMENT: Except as specifically set forth in this Agreement,the rights and interests of FrameWorks in this Agreement may not be sold,transferred, assigned, pledged or hypothecated. The rights and obligations of the funder hereunder shall be binding upon and run in favor of the successors and assigns of the funder. 7. _GOVERNING LAW, CAPTIONS: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. FrameWorks shall at all times remain in compliance with all applicable local, state, and federal laws,rules, and regulations including but not limited to all anti- discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement FrameWorks affirms they are in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.Section headings are for convenience of reference only and shall not be considered part of this Agreement. 8. WORK PRODUCT: Proprietary Rights: All intellectual property rights in the Work provided to the funder by FrameWorks under any Agreement shall be the property of FrameWorks. The work and any data, notes or other product created in the production of the work shall be owned by FrameWorks and FrameWorks may, at his/her option and 2