Orange County NC Website
Browse       Search
Page 5 <br />12.4 Non-Appropriation <br />Licensor acknowledges that Licensee is a governmental entity, and the contract <br />validity is based upon the availability of public funding under the authority of its <br />statutory mandate. <br /> <br />In the event that public funds are unavailable and not appropriated for the <br />performance of Licensee’s obligations under this contract, then this contract shall <br />automatically expire without penalty to Licensee thirty (30) days after written <br />notice to Licensor of the unavailability and non-appropriation of public funds. It <br />is expressly agreed that Licensee shall not activate this non-appropriation <br />provision for its convenience or to circumvent the requirements of this contract. <br /> <br />In the event of a change in the Licensee’s statutory authority, mandate and <br />mandated functions, by state and federal legislative or regulatory action, which <br />adversely affects Licensee’s authority to continue its obligations under this <br />contract, then this contract shall automatically terminate without penalty to <br />Licensee upon written notice to Licensor of such limitation or change in <br />Licensee’s legal authority <br /> <br />13. Renewal <br />This Agreement will renew automatically for subsequent terms of one year at an annual <br />cost of $89,000 to cover both software licensing and software maintenance. Licensor <br />shall notify Licensee sixty days in advance of the renewal date of any changes to the <br />Agreement. Acceptance will be assumed if the Licensee does not notify Licensor at least <br />thirty days prior to the renewal date. The table below shows the cost schedule for both <br />the initial 5-year term and subsequent annual terms for years 6-8 if this agreement is <br />automatically renewed. <br /> <br />Annual License and <br />Maintenance Costs <br />Year 1 - $79,000 <br />Year 2 - $79,000 <br />Year 3 - $79,000 <br />Year 4 - $79,000 <br />Year 5 - $79,000 <br />Year 6 - $89,000 <br />Year 7 - $89,000 <br />Year 8 - $89,000 <br /> <br />14. Validity <br />If any part of this Agreement is held to be illegal or unenforceable, the validity or <br />enforceability of the remainder of this Agreement shall not be affected. <br /> <br />15. Survival <br />Sections 6, 7, and 8 shall survive the termination of this Agreement for any reason. <br /> <br />15