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Contract, for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant
<br />between the City of Durham and the Otange County, page6
<br />obligations
<br />(j) No Ihird Party Rights Created Ihis contract is intended for the benefit of the City and the
<br />Sub - recipient and not any other person
<br />(k) Principles of Interpretation and Definitions. In this contract, unless the context requires
<br />otherwise: (1) The singular includes the plural and the plural the singular The pronouns "it" and "its"
<br />include the masculine and feminine References to statutes or regulations include all statutory or regulatory
<br />provisions consolidating, amending, or replacing the statute or regulation.. References to contracts and
<br />agreements shall be deemed to include all amendments to them. The words "include," "including," etc.
<br />mean include, including, etc without limitation (2) References to a `Section" or "section" shall mean a
<br />section of this contract (3) "Contract' and "Agreement," whether in not capitalized, refer to this
<br />instrument (4) Iitles of sections, paragraphs, and articles are for convenience only, and shall not be
<br />construed to affect the meaning of this contract (5) "Duties" includes obligation::,, (6) The word "person"
<br />includes natural persons, firms, companies, associations, partnerships, trusts; corporations, governmental
<br />agencies and units, and other legal entities (7) the word "shall" is mandafory.., (8) the word "day" means
<br />calendar day.
<br />(1) Modifications. Entire Agreement A modification of thfs;conhacf'isTtot valid unless signed by
<br />both parties and otherwise in accordance with requirements of Jxiw2 , ;Further, a modification is not
<br />enforceable against the City unless the City Manager or a deputy or assistant City Manager sig=ns it for the
<br />City Ihis contract contains the entire agreement between tfie parties pertaining to the sbbject matter of this
<br />contact. With respect to that subject matter, th ere areuo'piomises, agreeements, conditions i.06cements,
<br />warranties, or understandings, written or oral, expressed or iiiiglied, betty cxi the parties, ot}ICr than as set
<br />forth or referenced in this contract
<br />(m) Citv's Manager's Authority. Iothe extent, if any, theCiry.has the power to suspend or
<br />terminate this contract or the Sub - recipient's 'services under this con that power may be exercised by
<br />City Manager or a deputy or assistant City Managerwiit lout City Counc'il;action
<br />Sec. 10. Termination for Convenience'6'"TI +C")S a: 11 rocedure ;i 4hout limiting any patty's right
<br />x ::.,.
<br />to terminate for breach, the City may, without cause, and iallts'dsbretion, terminate this contract for
<br />convenience by giving the Sub - recipient writt en notice Shat refers'tot5s section TFC shall be effective at
<br />the time indicated in the notice=':': bbliga6ons. Upori TFC, all obligations that are still executory on both
<br />sides are discharged excet f.tbat any rrglit based on pnor breach or performance survives, and the
<br />indemnification provisions, „'shall remairiiin force At the ' :(iate;of TFC or as soon afterwards as is practical,
<br />Sub-
<br />the Sub - recipient shall give Ott e_Eity a11;,.ork, including portly completed Work Incase of IFC, the Sub -
<br />recipient shall follow the City' 5: jn' s§ uc' bons;asikc::W7?lch�siibconhacts to terminate.. (c) Payment .the City
<br />shall pay the, Sub - ecapfen[ an eg ii#atile amount for the costs and charges that accrue because of the City's
<br />decisions.wiih respect to: tl eisub con' aCts, but excluding profit fox the Sub- recipient Within 20 days after
<br />TFC, fluiCity shall pay the 'S& recipients one hundred dollar IFC fee and pay the Sub - recipient fox all
<br />Work "performed except to the {ojttent previriiisly paid fox Work shall be paid for in accordance with the
<br />method (unit pnces, hourly fees etc) to be used for payment had the Work been completed except to the
<br />extent it we d`b !equitable to';eiUxer party, and if Work was to be paid for on slump -sum basis, the City
<br />shall pay the Parr
<br />"d£The lump suzit;that reflects the percentage of completion attained for that Work The
<br />Sub - recipient shall no be,enfltled to any pay r entbecause of IFC except as stated n this section whether
<br />on the basis of overheail:_piofit, damages, other economic loss, or otherwise
<br />IN WITNESS WIIEREOF, the City and the Sub - recipient have caused this contract to be executed under
<br />seal themselves or by their respective duly authorized agents or officers
<br />Ihis instrument has been preaudited in the manner required by the Local Government Budget and
<br />Fiscal Control Act
<br />City's finance officer Date
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