Orange County NC Website
Browse       Search
d. Waiver. The payment of any sums by the County under this Agreement or the failure of <br />the County to require compliance by the Provider with any provisions of this Agreement <br />or the waiver by the County of any breach of [his Agreement shall not constitute a <br />waiver of any claim for damages by the County for my breach of this Agreement or a <br />waiver of any other required compliance with this Agreement. <br />e. Suspension. County may suspend the Basic Services and this Agreement at any time for <br />County's convenience and without penalty to County upon three (3) days' notice to <br />Provider. Upon airy, suspension by County, Provider shall discontinue the Basic Services <br />and shall not resume the Basic Services until notified to proceed by Comply. County <br />will, however, he responsible to Provider for the mamrmble fees associated with the <br />services provided up an the point when such notice is provided, even if an associated <br />milestone has not been reached. <br />11. Additional Provisions <br />a. Limitation and Assfidire . The County and the Provider each bind themselves, their <br />successors, assigns and legal representatives to the terms of this Agreement. Neither the <br />County nor the Provider shall assign or transfer its interest in Us Agreement without the <br />written consent of the other. <br />It. Governing Law. This Agreement and the duties, responsibilities, obligations and rights <br />of respective parties hereunder shall be governed by the laws of the State of North <br />Carolina <br />c. Compliance with Lews. Provider shall at all times remain in compliance with all <br />applicable local, state, and federal laws, rules, and regulations including but not limited <br />to all state and federal anti - discrimination laws, policies, rates, and regulations and the <br />Orange County Non - Discrimination Policy and Orange County Living Wage Policy <br />(eacb policy is ncorporated herein by reference and may be viewed at <br />htm:// www. o=g mountvne .nov /deogtments/ourchasne divi rn/conraetsoho.) Any <br />violation of this raluirtment is a breach of this Agreement and County may immediately <br />terminate this Agreement without further obligation on the pan of the County. Thin pompeph is <br />not intended to limit and does not limit the definition of breech to discrimination. By executing <br />Nis Agreement. Provider affirms that Provider and any subcontractors of Provider are and shall <br />reason in compliance with Article 2 of Chapter 64 of the North Camlina General Statutes. By <br />excreting this Agreement Provider certifies that Provider has not been identified, and has no <br />mi lined the services of any agent or subcontractor identified, m the list created by the State <br />Treasurer pursuant an G.S. 147 - 86.58. By executing this Agreement Provider certifres that <br />Provider has not been identified, and has not utilized the services of any agent or subcontractor <br />Identified, on the list created by the State Treasurer pursuant to G.S. 141- 86.81. <br />d. Dismce Resolution Any arW all suits or actions to enforce, interpret or seek damages <br />with respect to my Provision of, or the performance or non- perforommuc of, this <br />Agreement shall be brought in the General Court of Justice of North Carolina sitting in <br />Orange County, North Carolina. It is agreed by the parries that no other court shall have <br />jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be <br />initiated by either Party, however, the Parties may agree to nonbinding mediation of any <br />dispute prior to the bringing of suit or action. <br />Revwd tatr 5 <br />