Agenda - 06-21-1988 - Laserfiche WebLink

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Page 3 NC SERVICE AGREEMENr (b) That if the County suffers any loss or any shortage or reduction in coupons by reason of any act or omission of the Contractor, its • agents oramployees the County, may recover the value of its losses by requiring that the Contractor pay the amount of such loss under the terms of this contract: but in no event shall the amount recovered by the County hereunder exceed its losses. IV. AUDITS AND PROCEDURES: As required the Contractor will allow onsite reviews, audits, and inspections by County, State, or Federal staff and comply with their procedural requirements. Any deviations from Federal or State guidelines and procedures by either Contractor or County must have both the State office and FNS PRIOR approval. V. DEFAULT AND TERNINATION: - • (a) Upon default by County, Contractor shall determine and receive from County the sum due for services rendered. In the event Contractor Shall be required to institute a suit to collect any unpaid service payments due under this service agreement, Contractor shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of the service payments so recovered by the Contractor from County. (b) Upon default by Contractor, County shall be entitled to immediate termination of this agreement and, further, to liquidated damage in an amount equal to the sum of service payments made by County to Contractor for the first month of service rendered under this agreement. County, however, is not limited to the amount of liqui-. dated damages if the county suffers damages in excess of the amount of liquidated damages determined as herein set forth. In the event County shall be required to institute a suit to collect any damages'for any amounts due under thug agreement, County shall be • entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of any amount recovered by County from • Contractor. (c) Either party may terminate this agreement by giving to the other party ' hereto a written notice of its intention to terminate this agreement. This agreement shall be considered terminated upon the date set forth for termination of the agreement which shall be not less than 60 days from the service and delivery of the notice. The parties hereto may agree to an earlier date of termination of the agreement. Contract may be terminated because of circumstances beyond control of . Contractor - such as war, strikes, riot and/or natural disaster. VI. SPECIAL PROVISIONS: (a) It is understood and agreed between the Contractor and the County that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation of appropriation of necessary funds to the County by the Federal Government and the State of North Carolina . - • for the purposes set forth in this agreement.