Orange County NC Website
of its property, and such proceeding or appointment shall not be vacated or fully stayed within <br /> onety (90) days after the institution or occurrence thereof; or <br /> rp) Any warranty, representation, or statement made by the County herein or in any other <br /> 4ocument executed or delivered in connection herewith is found to be incorrect or misleading in <br /> Iny material respect on the date made. <br /> lb The Corporation shall be deemed to be in default hereunder upon the happening of any <br /> �olIowing events of default: <br /> (i) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation is instituted <br /> against the Corporation, or a receiver, custodian, or similar officer is appointed for the <br /> Corporation or any of its property, and such proceeding or appointment shall not be vacated or <br /> F ly stated within ninety (90) days after the institution or occurrence thereof, or <br /> `(ii) The CAC is closed for more than three (3) consecutive months or if the CAC is closed for <br /> 90 days during a twelve consecutive month period (1) unless such closing occurred as a result <br /> of Force Majeure as defined in Section 16.11 or (2) unless otherwise mutually approved by the <br /> parties pursuant to Section 16.06 contained herein. <br /> Section 14.02. Remedies. Each party hereto will have all remedies available at law or in equity <br /> p emtorce any of the terms and provisions hereof, including, but not limited to, actions at law for <br /> Qimages and equitable actions seeking rescission of this Agreement and/or injunctive relief(mandatory <br /> Of prohibitory)to prevent the breach or threatened breach of any term or provision thereof or to enforce <br /> tbe'peiformance of all terms and conditions of this Agreement. All remedies are cumulative; the exercise <br /> of imy one or more of them will not in any way alter or diminish the rights of the exercising party to any <br /> other remedy provided herein or at law or in equity. <br /> Section 14.03. Attorneys'Fees. In the event of any breach or default by either party of any of <br /> me terms and conditions of this Agreement, the non-defaulting party will be entitled to reimbursement <br /> 6nm the defaulting party of all of its costs and expenses in enforcing any of the terms and conditions of <br /> this Agreement, including all reasonable and necessary attorneys' fees incurred thereby. <br /> ARTICLE XV <br /> NoTim <br /> Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions, <br /> a-ather communications given pursuant to this Agreement must be in writing and will be sufficiently <br /> 91"4 and will be deemed given when mailed by certified mail, postage prepaid, addressed as follows: <br /> County: County Manager <br /> Orange County Government Services Center <br /> 200 S. Cameron <br /> Hillsborough, North Carolina 27278 <br /> 8 ' <br />