Orange County NC Website
to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or <br />stipulations material to this Agreement, the other party shall thereupon have the right to <br />terminate this Agreement by giving written notice to the defaulting party of its intent to terminate <br />specifying the grounds for termination. The defaulting party shall have fifteen (15) days after <br />receipt of the notice to cure default. If it is not cured or if the Parties have not agreed to steps to <br />cure the default according to a mutually acceptable schedule, then this Agreement shall <br />terminate. In the event of default by the Artist, all finished and unfinished drawings, sketches, <br />photographs and other Art Work products prepared or submitted or prepared for submission by <br />the Artist under this Agreement shall at the County's option become its property, provided that <br />no right to fabricate or execute the Art Work shall pass to the County. The Artist shall not be <br />relieved of liability to the County for damages sustained by the County by virtue of any breach <br />of this Agreement by the Artist, and the County may reasonably withhold payments to the Artist <br />until such time as the exact amount of such damages due the County from the Artist is <br />determined. <br />�' i • 1 1 tl <br />The specification of remedies in this agreement shall not be deemed to be exclusive. The County <br />retains the right to pursue any remedies available for defective or delayed performance, including <br />specifically the right to set off any damages for defective or delayed performance against any <br />sum due the Artist under this Agreement. <br />ARTICLE 21. NOTICES <br />All notices, requests, demands and other communications which are required or permitted to be <br />given under this Agreement shall be in writing and shall be deemed to have been duly given <br />upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by <br />registered or certified mail, return receipt requested, postage prepaid, at the following addresses <br />or such other address as specified in writing from time to time by the party receiving notice: <br />a. if to County, to: <br />Laura Blackmon <br />County Manager <br />Orange County <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />(919) 245 -2330 <br />b. if to the ARTIST, to: <br />Wayne Trapp <br />427 Russell Beach Road <br />Vilas, NC 28692 <br />(828) 297 -472 <br />c. if to the COMMISSION, to: <br />Martha Shannon <br />Orange County Arts Commission <br />