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Agenda - 05-04-2006-5e
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Agenda - 05-04-2006-5e
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Last modified
9/1/2008 11:38:47 PM
Creation date
8/29/2008 9:23:46 AM
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BOCC
Date
5/4/2006
Document Type
Agenda
Agenda Item
5e
Document Relationships
2006 S Finance - Cost Allocation Plan Contract Maxiimus Inc
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2006
Minutes - 20060504
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2006
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5 <br />9. Information and Reports. Consultant shall, at such time and in such form <br />as County may require, furnish such periodic reports concerning the status of the <br />project, such statements, certificates, approvals and copies of proposed and executed <br />plans and claims and other information relative to the project as may be requested by <br />County.. <br />10. CopyriQht. County acknowledges that the report format to be provided by <br />Consultant is copyrighted. Consultant shall ensure that all copies of its report bear the <br />copyright legend. County agrees that all ownership rights and copyrights thereto lie <br />with Consultant. County may use the report solely for and on behalf of County's <br />operations. County agrees that it will take appropriate action by instruction, agreement <br />or otherwise with its employees to satisfy its obligations with respect to use, copying, <br />protection and security of the report format. <br />11. Notices. Any notices, bills, invoices, or reports required by this agreement <br />shall be sufficient if' sent by the parties in the United States mail, postage paid, to the <br />address noted below: <br />Orange County MAXIMUS, Inc, <br />208 S, Cameron Street 1100 Logger Court, Suite D-100 <br />Hillsborough, NC 27278 Raleigh, NC 27609 <br />12. Assignment. Consultant agrees not to assign, convey or transfer its interest <br />in this Agreement to any other entity without the prior written consent of County, <br />which consent shall not be unreasonably held, provided however, that Consultant may <br />assign this Agreement to its parent corporation or to an affiliated company that <br />succeeds to the business of Consultant contemplated herein, <br />13. Limitation of Liability. Consultant will assume all financial and statistical <br />information provided to Consultant by County employees or representatives is accurate <br />and complete. Any subsequent disallowance of funds paid to County under the claim <br />for whatever reason is the sole responsibility of County. In no event shall either parry, <br />its directors, officers, employees or agents be liable for any special, incidental, <br />punitive, indirect, or consequential damages arising out of or in connection with the <br />services provided or software licensed under this agreement, including but not limited <br />to lost revenue, lost profits, replacement goods, loss of technology rights or services, <br />loss of data, or interruption or loss of use of software or any portion thereof, even if <br />advised of the possibility of such damages. This limitation shall apply to all claims <br />whether under theory of contract, tort (including negligence), strict liability, or <br />otherwise. MAXIMUS liability (if any) to County or any third party is limited to the <br />amount paid to MAXIMUS for software license fees and/or the services. <br />4 <br />
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