Agenda - 02-01-1988 - Laserfiche WebLink

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3. Either party may terminate this Agreement by mailing written notice thereof by registered mail, return receipt requested, to the other thirty (30) days prior to the date of termination. The COUNTY agrees to pay for any service rendered by the AUTHORITY prior to any such termination. 4. The charge for services which the AUTHORITY provides to the COUNTY under this Agreement shall be the AUTHORITY's actual direct and indirect costs of providing such service including, but not limited to, personnel expenses and operation, maintenance, and amortization costs of the vehicles and equipment used in providing the requested services. This cost will be as determined by the AUTHORITY and will be at the rates generally described in Schedule A attached hereto, if the service is performed on or before June 30, 1988. Charges for service after that date will be determined by the AUTHORITY with consideration for actual direct and indirect costs which are experienced at the time the service is rendered. Additional expenses, including but not limited to materials and supplies, which are required in the performance of this service shall be paid by the COUNTY. 5. The AUTHORITY shall render a bill by monthly invoice to the COUNTY as service is provided. The COUNTY shall make payment to the AUTHORITY within 20 days after the invoice is rendered. 6. The parties to this Agreement shall not be responsible or liable in any way for acts of God or any other acts or omissions beyond the control of the parties which may cause the interruption or discontinuance of the delivery of the AUTHORITY'S services to or for the COUNTY. The AUTHORITY shall not be responsible in any way for damages caused by the failure of the County's wastewater collection and pumping facilities or by interruption of services to any customer served by said facilities and COUNTY shall, by liability insurance or otherwise, insure the AUTHORITY and idemnify it from any claim, loss, damage, or expense including reasonable attorney's fees, arising out of the AUTHORITY'S provision of services hereunder, or out of the condition, maintenance, and operation of any COUNTY owned pumps or other facilities provided by the COUNTY in the provision of utility services hereby affected. 7. This Agreement constitutes the entire agreement between the parties relating to the provision of services to and for the COUNTY by the AUTHORITY. 8. Any litigation arising out of this Agreement shall be determined in Orange County District or Superior Court. IN TESTIMONY WHEREOF, the undersigned Chairman of the Orange County Board of Commissioners, North Carolina, and the Executive Director of Orange Water and Sewer Authority, each having been duly authorized by Resolution of the respective governing boards to execute this Agreement, have duly executed this Agreement for and on behalf of the COUNTY and the AUTHORITY to evidence the undertakings entered into as hereinabove shown in particular. The respective official seals of the COUNTY and the AUTHORITY have been affixed hereto by authority of the respective governing bodies, all as of the day and year first above written. -2-