Orange County NC Website
DocuSign Envelope ID:48948209-3790-4F96-B1E0-97EE1844697D <br /> AMENDMENT TO SERVICE AGREEMENT <br /> This is an Amendment to the Service Agreement entered into by Orange County, a local political <br /> subdivision of the State of North Carolina, ("Customer") and Wireless Communication, Inc. <br /> ("Wireless"). <br /> 1. Signatures. This Agreement together with any amendments or modifications may be <br /> executed electronically. All electronic signatures affixed hereto evidence the intent of the <br /> Parties to comply with Article 1 IA and Article 40 of North Carolina General Statute <br /> Chapter 66. <br /> 2. Non Appropriation. Wireless acknowledges that Customer is a governmental entity, and <br /> the validity of this Agreement is based upon the availability of public funding under the <br /> authority of its statutory mandate. In the event that public funds are unavailable and not <br /> appropriated for the performance of Customer's obligations under this Agreement, then <br /> this Agreement shall automatically expire without penalty to Customer immediately upon <br /> written notice to Wireless of the unavailability and non-appropriation of public funds. In <br /> the event of such termination the Customer shall be obligated to pay Wireless for pro- <br /> rated service fees up to and including the date of termination and the Customer shall have <br /> no further legal obligation pursuant to this Agreement. <br /> 3. Termination. The Customer may terminate this Agreement based upon Wireless's <br /> material breach of this Agreement; provided, Wireless has not taken all reasonable <br /> actions to remedy the breach. The Customer shall give Wireless seven (7) days' prior <br /> written notice of its intent to terminate this Agreement for cause. In the event of <br /> termination, Wireless shall be paid that portion of the fees and expenses that it has earned <br /> to the date of termination, less any costs or expenses incurred or anticipated to be <br /> incurred by the Customer due to errors or omissions of Wireless. The payment of any <br /> sums by the Customer under this Agreement or the failure of Customer to require <br /> compliance by Wireless with any provisions of this Agreement or the waiver by the <br /> Customer of any breach of this Agreement shall not constitute a waiver of any claim for <br /> damages by the Customer for any breach of this Agreement or a waiver of any other <br /> required compliance with this Agreement. <br /> IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder <br /> set their hands and seal, all as of the day and year entered in the Original Service Agreement. <br /> For Wireless Communications, Inc.: For Orange County: <br /> DocuSignerld1by: DocuSigned by: I(�1��,A, <br /> j�jV1tiGL wl{.�,law�S 10/19/2015 b6Vci�,tt, �MMLY5--](0/23/2015 <br /> 1-9A49B,4071' 64... )637994B755E477... <br /> Wireless Division Service Vice President Bonnie Hammersley, County Manager <br />