Agenda - 11-16-1993 - VIII-A (2)

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effect as if done on the nominal date provided herein, and no interest shall accrue for the period after such nominal date. Section 3.02. Security for Payment of the Fee. The payment obligation under this Agreement is a contractual obligation of the County, payable from the County's funds and from the earnings and all income received by the County from whatever source derived, to the extent that County's Funds are available for such purpose and are not pledged for the payment of any other obligation of the County and subject only to the limitation set forth in N.C. GEN. STAT. § 153A-149(c). Section 3.03. No Abatement of Fee. There will be no abatement or reduction of the Fee by the County for any reason, including, but not limited to, any defense, recoupment, setoff, counterclaim, or any claim arising out of or related to the Agreement, including the temporary closing of the CAC for no more than three (3) consecutive months or the closing of the CAC for 90 days during a 12 consecutive month period. Closing of the CAC for more than three(3)consecutive months or the closing of the CAC for 90 days during a 12 consecutive month period will, however, effect a termination of the Agreement unless otherwise mutually approved by the parties pursuant to Section 16.06 contained herein. Section 3.04. Fee. The Fee shall cover payment for all services to be provided under this Agreement by the Corporation, including but not limited to: (i) all salaries, benefits, and other expenses incurred by the Corporation personnel pursuant to this Agreement; (ii) any Corporation overhead and profit; and (iii) all other fees, charges, costs,and expenses associated with the Corporation's perfor- mance of this Agreement. ARTICLE IV DURATION Section 4.01. Effective Date. This Agreement shall be effective when approved by the respective governing bodies of each party, executed in duplicate counterparts and delivered to the respective parties. Section 4.02. Term of Agreement. This Agreement shall continue in full force and effect for ten (10) years from the Opening Date, as herein defined in Section 3.01. ARTICLE V PERSONNEL The Corporation shall employ a General Manager who shall serve at the sole expense of the Corporation and shall provide the active management of the CAC. The Corporation retains the right and responsibility to exercise full control and supervision over its employees and their terms and conditions of employment except as otherwise provided herein. Without limiting the generality of the foregoing, the Corporation shall be solely responsible for all matters relating to payment of its employees, including the withholding and payment of employee taxes, insurance contributions, and the like. As between the 3