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Contract 968-2001
<br /> 1 lolcomb and Cabe.L.I.T.
<br /> expiration of the five-year retention period described
<br /> above,the records must be retained until completion of the Severability: In the event that a court of competent
<br /> action and resolution of all issues which arise from it, or jurisdiction holds that a provision or requirement of this
<br /> until the end of the regular five-year period described contract violates any applicable law, each such provision
<br /> above,whichever is later. or requirement shall continue to be enforced to the extent it
<br /> is not in violation of law or is not otherwise unenforceable
<br /> Warranties and Certifications and all other provisions and requirements of this contract
<br /> shall remain in full force and effect.
<br /> Date and Time Warranty: The Contractor warrants that
<br /> the product(s) and service(s) furnished pursuant to this Headings: The Section and Paragraph headings in these
<br /> contract("product"includes,without limitation,any piece Generai Terms and Conditions are not material parts of the
<br /> of equipment,hardware,firmware,middleware,custom or agreement and should not be used to construe the meaning
<br /> commercial software,or internal components,subroutines, thereof.
<br /> and interfaces therein)that perform any date and/or time
<br /> data recognition function,calculation,or sequencing will Time of the Essence: Time is of the essence in the
<br /> support a four digit year format and will provide accurate performance of this contract.
<br /> date/time data and leap year calculations. This warranty
<br /> shall survive the termination or expiration ofthis contract. Executive Order#24: "By Executive Order 24, issued
<br /> by Governor Perdue,and N.C. G.S.§ 133-31 it is
<br /> Certification Regarding Collection of Taxes: G.S. 143- unlawful for any vendor or contractor( i.e.architect,
<br /> 59.1 bars the Secretary of Administration from entering bidder,contractor,construction manager,design
<br /> into contracts with vendors that meet one of the conditions professional,engineer, landlord,offeror,seller,
<br /> of G.S. 105-164.8(b)and yet refuse to collect use taxes on subcontractor, supplier,or vendor),to make gifts or to
<br /> sales of tangible personal property to purchasers in North give favors to any State employee of the Governor's
<br /> Carolina. The conditions include: (a) maintenance of a Cabinet Agencies(i.e.,Administration,Commerce.
<br /> retail establishment or office; (b) presence of Correction,Crime Control and Public Safety,Cultural
<br /> representatives in the State that solicit sales or transact Resources, Environment and Natural Resources, Health
<br /> business on behalf of the vendor; and (e) systematic and Human Services,Juvenile Justice and Delinquency
<br /> exploitation of the market by media-assisted, media- Prevention, Revenue.Transportation,and the Office of
<br /> facilitated, or media-solicited means. The Contractor the Governor). This prohibition covers those vendors
<br /> certifies that it and all of its affiliates(if any) collect all and contractors who have a contract with a governmental
<br /> required taxes. agency;or have performed under such a contract within
<br /> the past year;or anticipate bidding on such a contract in
<br /> Miscellaneous the future.
<br /> Choice of Law: The validity of this contract and any of its For additional information regarding the specific
<br /> terms or provisions,as well as the rights and duties of the requirements and exemptions, vendors and contractors
<br /> parties to this contract,are governed by the laws of North are encouraged to review Executive Order 24 and G.S.
<br /> Carolina.The Contractor,by signing this contract,agrees Sec. 133-32.
<br /> and submits,solely for matters concerning this Contract,to
<br /> the exclusive jurisdiction of the courts of North Carolina Executive Order 24 also encouraged and invited other
<br /> and agrees, solely for such purpose, that the exclusive State Agencies to implement the requirements and
<br /> venue for any legal proceedings shall be Orange County, prohibitions of the Executive Order to their agencies.
<br /> North Carolina. The place of this contract and all Vendors and contractors should contact other State
<br /> transactions and agreements relating to it,and their situs Agencies to determine if those agencies have adopted
<br /> and forum,shall be Orange County,North Carolina,where Executive Order 24."
<br /> all matters,whether sounding in contract or tort,relating to
<br /> the validity,construction,interpretation,and enforcement
<br /> shall be determined. Key Personnel: The Contractor shall not replace any of
<br /> the key personnel assigned to the performance of this
<br /> Amendment: This contract may not be amended orally or contract without the prior written approval of the County.
<br /> by performance. Any amendment must be made in written The term "key personnel" includes any and all persons
<br /> form and executed by duly authorized representatives of identified as such in the contract documents and any other
<br /> the County and the Contractor.
<br /> General Terms and Conditions-3-28-2013 Page 4 o1'5
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