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Agenda - 06-03-1991
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Agenda - 06-03-1991
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BOCC
Date
6/3/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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4 <br />r <br />Page 3 <br />NC SERVICE AGREEMENT <br />(b) That if the County suffers any loss or any shortage or reduction in <br />coupons by reason of any act or omission of the Contractor, its <br />agents or employees, the County, may recover the value of its losses <br />by requiring that the Contractor pay the amount of such loss under <br />the terms of this contract: but in no event shall the amount <br />recovered by the County hereunder exceed its losses. <br />IV. AUDITS AMID PROCEDURES: As required the Contractor will allow onsite <br />reviews, audits, and inspections by County, State, or Federal staff <br />and comply with their procedural requirements. Any deviations from <br />Federal or State guidelines and procedures by either Contractor or <br />County must have both the State office and FNS PRIOR approval. <br />V. DEFAULT AND TERNQNATION: <br />(a) Upon default by County, Contractor shall determine and receive from <br />County the sum due for services rendered. In the event Contractor <br />shall be required to institute a suit to collect any unpaid service <br />payments due under this service agreement, Contractor shall be <br />entitled to reasonable attorney's fees set by the Court. <br />(b) Upon default by Contractor, County shall be entitled to immediate <br />termination of this agreement and, further, to liquidated damage in <br />an amount equal to the sum of service payments made by County to <br />Contractor for the first month of service rendered under this <br />agreement. County, however, is not limited to the amount of liqui- <br />dated damages if the county suffers damages in excess of the amount <br />of liquidated damages determined as herein set forth. In the event <br />County shall be required to institute a suit to collect any <br />damages for any amounts due under this agreement, County shall be <br />entitled to reasonable attorney's fees set by the Court. <br />(c) Either party may terminate this agreement by giving to the other party <br />hereto a written notice of its intention to terminate this agreement. <br />This agreement shall be considered terminated upon the date set forth <br />for termination of the agreement which shall be not less than 60 days <br />from the service and delivery of the notice. The parties hereto may <br />agree to an earlier date of termination of the agreement. Contract <br />may be terminated because of circumstances beyond control of <br />Contractor -- such as war, strikes, riot and /or natural disaster. <br />VI. SPECIAL PROVISIONS: <br />(a) It is understood and agreed between the Contractor and the County <br />that the payment of compensation specified in this agreement, its <br />continuation or any renewal or extension thereof, is dependent upon <br />and subject to the allocation of appropriation of necessary funds to <br />the County by the Federal Government and the State of North Carolina <br />for the purposes set forth in this agreement. <br />
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