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2014-179 EMS - Motorolla Solutions for Service Agreement $6,235.22
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2014-179 EMS - Motorolla Solutions for Service Agreement $6,235.22
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9/22/2014 11:55:58 AM
Creation date
4/29/2014 4:26:41 PM
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BOCC
Date
4/29/2014
Meeting Type
Work Session
Document Type
Agreement
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Mgr Signed
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R 2014-179 ES - Motorolla Solutions for Service Agreement
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17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder <br /> without the prior written consent of the other Party,which consent will not be unreasonably withheld.Any attempted <br /> assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola <br /> may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In <br /> addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of <br /> a sale,establishment of a joint venture, spin-off or otherwise(each a"Separation Event"), Motorola may,without the prior <br /> written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to <br /> benefit the Separated Business and its affiliates(and Motorola and its affiliates,to the extent applicable)following the <br /> Separation Event <br /> 17.7.THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF <br /> THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE <br /> PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS <br /> THAN THIRTY(30)DAYS OF THAT ANNIVERSARY DATE.At the anniversary date, Motorola may adjust the price of the <br /> Services to reflect its current rates. <br /> 17.8. If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect <br /> at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on <br /> a time and materials basis at Motorola's then effective hourly rates. <br /> Revised Jan 1,2010 <br /> 18. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state,and federal laws, <br /> rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina <br /> General Statute 153A-449(b)no county may enter into a contract with a contractor unless the contractor and the contractor's <br /> subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where <br /> applicable,failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes <br /> Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 <br /> of Chapter 64 of the North Carolina General Statutes. <br /> 19. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based <br /> upon the availability of public funding under the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this <br /> Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to <br /> Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this <br /> non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an <br /> emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal <br /> legislative or regulatory action,which adversely affects County's authority to continue its obligations under this Agreement, <br /> then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation <br /> or change in County's legal authority. <br />
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