1994 S Orange County Facilities - Services Agreement

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.'.e force and effect as if done on the nominal date provided herein, and no interest shall accrue after such nominal date. on 3.02. Security for Payment of the Fee. The payment obligation under this Agreement ctual obligation of the County, payable from the County's funds and from the earnings and all ived by the County from whatever source derived, to the extent that County's funds are le.for such purpose and are not pledged for the payment of any other obligation of the County and Y0 y to the limitation set forth in N.C. GEN. STAT. § 153A-149(c). Section 3.03. No Abatement of Fee. There will be no abatement or reduction of the Fee by the J or any reason, including, but not limited to, any defense, recoupment, setoff, counterclaim, or arising out of or related to the Agreement, including the temporary closing of the CAC for no mothan;three (3) full consecutive months or the closing of the CAC for 90 days during a 12 tive month period. Closing of the CAC for more than three (3) full consecutive months or the of the CAC for 90 days during a 12 consecutive month period will, however, effect a termination Bement unless otherwise mutually approved b the par-ties pursuant to Section 16.06 contained p�tSeAST Y PP Y P P ,.and if the cause of the termination was Force Majeure, the Agreement will automatically be "Mated when the CAC is again open. Section 3.04. Fee. The Fee shall cover payment for all services to be provided under this moment by the Corporation, including but not limited to: (i) all salaries, benefits, and other expenses incurred by the Corporation personnel pursuant to this Agreement; (ii) any Corporation overhead and profit; and (iii) all other fees, charges, costs,and expenses associated with the Corporation's perfor- mance of this Agreement. ARTICLE IV DURATION Section 4.01. Effective Date. This Agreement shall be effective when approved by the respective g bodies of each party,executed in duplicate counterparts and delivered to the respective parties. _ Section 4.02. Term of Agreement. This Agreement shall continue in full force and effect for ten -0K-*r's from the Opening Date, as herein defined in Section 3.01. ARTICLE V PERSONNEL The Corporation shall employ a General Manager who shall serve at the sole expense of the �Z�,,,oration and shall provide the active management of the CAC. The Corporation retains the right and ' &bdity to exercise full control and supervision over its employees and their terms and conditions %10o ent except as otherwise provided herein. Without limiting the generality of the foregoing, 3