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DocuSign Envelope ID: 62A1013D- 4F2B- 44EF- ADF9- D546F5907E88 <br />and the taxpayer's appeal rights exhausted or time barred by applicable statutes of <br />limitations, unless otherwise agreed by the County Tax Administrator. <br />4. Any irregularity, other than those resulting in a discovery under NCGS § 105 -312, found <br />during the course of an audit engaged by TMA, which results in the jurisdiction's ability <br />to bill to and collect from the taxpayer additional taxes, penalties, and interest, not <br />billed for prior to the audit, falls within the fee and payment provisions of this contract. <br />By way of example, an irregularity may include, but is not limited to, the billing and <br />collection of additional taxes, penalties, and interest due to an immaterial irregularity <br />described NCGS § 105 -394. <br />5. All expenses incurred by TMA in performing audits under this Agreement including, <br />but not limited to, travel, food, lodging, mileage, salaries, etc. shall be the responsibility <br />of TMA. The County will be responsible for the cost of postage for handling audit <br />correspondence and the cost of providing TMA copies of County tax records associated <br />with an individual audit. <br />6. All legal costs involving tax appeals resulting from an audit under this Agreement shall <br />be the responsibility of the County. TMA shall be responsible for defending its audit <br />findings throughout any tax appeals process without additional cost to the County. <br />Defense of audit findings shall include personal appearances at meetings with taxpayers <br />or their representatives, and providing testimony and evidence at all hearings before <br />the County Tax Administrator, Board of Equalization and Review, Board of County <br />Commissioners, and at any other appeal level concerning information identified in an <br />audit. <br />C. GENERAL PROVISIONS <br />1. AUTHORITY TO CONTRACT: The County authority to contract for the service <br />herein is authorized by North Carolina General Statute § 105 -299. <br />2. AUDIT: All invoices shall be submitted by TMA to the County Tax Administrator <br />with sufficient detail for a proper pre -audit or post- audit. <br />3. CANCELLATION: This Agreement shall become effective from the date entered <br />above and shall remain in effect for an initial term of this Agreement and shall continue <br />in effect thereafter until cancelled or terminated. This Agreement may be terminated <br />by either party without cause following the initial term upon thirty (30) days written <br />notice. <br />4. COLLATERAL ASSIGNMENT: The County acknowledges and agrees that payment <br />due TAX MANAGEMENT ASSOCIATES, INC. under this Agreement and all other <br />agreements with the government authority (the "Agreement ") have been collaterally <br />assigned to Branch Banking and Trust Company (a North Carolina banking <br />corporation, whose address is 6869 Fairview Road, Charlotte, North Carolina 28210- <br />3384). All payments due TAX MANAGEMENT ASSOCIATES, INC. under this the <br />Agreement will be sent, UPON REQUEST by Branch Banking and Trust, to the <br />Bank at that address pursuant to a financing and cash management arrangement. <br />Payments made by the County pursuant to such request shall constitute accord and <br />4 <br />Revised 7/2018 <br />