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Agenda - 06-28-1994-IX-D
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Agenda - 06-28-1994-IX-D
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2/24/2015 2:29:59 PM
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BOCC
Date
6/26/1994
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
IX-D
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Minutes - 19940628
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\Board of County Commissioners\Minutes - Approved\1990's\1994
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c�> <br /> Page 4 <br /> NC SERVICE AGREEMENT <br /> B. Upon default by Contractor, County shall be entitled to immediate <br /> termination of this agreement and, further, to liquidated damages <br /> in an amount equal to the sum of service payments made by County <br /> to Contractor for the first month of service rendered under this <br /> agreement . The County, however, is not limited to the amount of <br /> liquidated damages if the County suffers damages in excess of the <br /> amount of liquidated damages determined as herein set forth . In <br /> the event County shall be required to institute a suit to collect <br /> any damages for any amounts due under this agreement , County <br /> shall be entitled to reasonable attorney' s fees set by the Court <br /> which shall not be more than 15 percent of any amount recovered <br /> by County from Contractor. <br /> C. Either party may terminate this agreement by giving to the other <br /> party hereto a written notice of its intention to terminate this <br /> agreement. This agreement shall be considered terminated upon <br /> the date set forth for termination of the agreement which <br /> shall be not less than 90 days from the service and delivery of <br /> the notice. The parties hereto may agree to an earlier date of <br /> termination of the agreement . Contract may be terminated because <br /> of circumstances beyond control of Contractor - such as war, <br /> strike, riot and/or natural disaster. <br /> VI . SPECIAL PROVISIONS: <br /> A. It is understood and agreed between the Contractor and the <br /> County that the payment of compensation specified in this <br /> agreement , its continuation or any renewal or extension thereof, <br /> is dependent upon and subject to the allocation or appropriation <br /> of necessary funds to the County by the Federal Government and <br /> the State of North Carolina for the purposes set forth in <br /> this agreement. Contract is valid only upon receipt of approval <br /> from the appropriate District Office of North Carolina Dept . of <br /> Social Services and the North Carolina Dept. of Social Services. <br /> B . County may, from time to time, require changes in the scope of <br /> the services of the Contractor to be performed under this <br /> agreement including but not limited to renewal or extensions <br /> shall be incorporated in written amendments to this agreement . <br /> C. Neither this agreement nor any part hereof which involves the <br /> specialized skill or expertise of the Contractor shall be <br /> assigned , subcontracted , or in any way transferred without the <br /> prior approval of the Contract Administrator ( project <br /> coordinator) and the State of North Carolina <br />
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