Orange County NC Website
Browse       Search
- , <br /> forth in Section 4.02. li the date for making payment as provided herein, is not a business day, <br /> such payment may be made on the next succeeding business day, with the same force and effect <br /> as if done on the nominal date provided herein, and no interest shall accrue for the period after <br /> such nominal date. <br /> Section 3.02 - fir, for Payment of Jbe Fee. The payment obligation under this <br /> Agreement is a contractual obligation of the County, payable from the County's funds and from <br /> the earnings and all income received by the County from whatever source derived, to the extent <br /> that County's Funds are available for such purpose and are not pledged for the payment of any <br /> other obligation of the County and subject only to the limitation set forth in N.C. GEN. STAT. <br /> § 153A-149(c). <br /> Section 3.03 - jr Q Abatement of Management Fee. There will be no abatement or <br /> reduction of the Management Fee by the County for any reason, including, but not limited to, <br /> any defense, recoupment, setoff, counterclaim, or any claim arising out of or related to the <br /> Agreement, including the temporary closing of the TCAC Pool for no more than three (3) <br /> consecutive months. Closing of the TCAC Pool for more than three (3) consecutive months <br /> would, however, effect a termination of the Agreement unless otherwise mutually approved by <br /> the parties pursuant to Section 16.07 contained herein. <br /> Suction 3.04 - Management.Fee. The Management Fee shall cover payment for all <br /> services to be provided under this Agreement by TYHA, including but not limited to: <br /> (i) all salaries, benefits, and other expenses incurred by TYHA personnel <br /> pursuant to this Agreement; <br /> (ii) any TYRA overhead and profit; and <br /> (iii) all other fees, charges, costs, and expenses associated with TYHA's perfor- <br /> mance of this Agreement. <br /> ARTICLE IV <br /> Duratloo <br /> Section 4.41 - Effective Date. This Agreement shall be effective when approved by the <br /> respective governing bodies of each party, executed in duplicate counterparts and delivered to <br /> the respective parties. <br /> Section 4.02 - arm of Agreement This Agreement shall continue in full force and <br /> effect fOr tea (10)years from the Opening Date, as herein defined in Section 3.01. <br /> 3 <br />