Orange County NC Website
17 Formatted: Font: 20 pt <br />—1 - -- Formatted: Font: 20 pt <br />1. Any termination pursuant to this Paragraph V(D) shall be without cost or penalty to <br />County. <br />2. In the event County terminates this Agreement pursuant to the terms of this <br />Paragraph V(D) the Town or Towns with which the Agreement is terminated shall be <br />responsible for the full amount of any outstanding costs, contractual obligations or <br />debt related to the provision of services contemplated by this Agreement as such <br />costs or debt apply within its territorial jurisdiction. <br />3. Any termination pursuant to this Paragraph V(D) shall be effective at the end of the <br />fiscal year in which a Town or Towns fail to approve the aforementioned fee increase <br />and after written notice by the County to the Town(s). <br />F. In the event a Town or Towns fail to approve a fee increase of greater than ten percent <br />(10 %) for any service where such increase is necessary to fully pay for the provision of any <br />service contemplated by the terms of this Agreement or where such increase is necessary <br />for County to meet its contractual obligations with any contractor engaged in providing any <br />of the services contemplated by this Agreement County may, at its option, terminate this <br />Agreement as it applies to any Town that fails to approve said fee increase. <br />G. "If the County determines that it is or may be advisable to create and impose any additional <br />type of Governmental Fee (beyond the existing Urban Curbside and Multi- family Fee), then <br />the County will give at least 60 days' notice of the proposed Governmental Fee to the other <br />parties. A Governmental Fee may then be imposed only if the creation and imposition of <br />such Governmental Fee is subsequently approved by the County and at least one other of <br />the largest two (by population) local government Parties. A new Governmental Fee will take <br />effect at the end of the notice period or, if later, the date of the last Governing Body approval <br />necessary for it to take effect." <br />H. "The County may increase any individual Governmental Fee (except the existing Urban <br />Curbside or Multi- family Fee) from time to time in its discretion with at least 60 days' notice <br />of the increase to all Parties. The County may not, however, increase any individual <br />Governmental Fee during or at the beginning of any Fiscal Year to a fee that exceeds the <br />fee in effect at the end of the preceding Fiscal Year by more than 10 %, without the prior <br />consent of all the other Parties. The Parties intend and agree that the County shall endeavor <br />to adjust any and all Governmental Fees only annually, with changes becoming effective <br />only at the beginning of a Fiscal Year." <br />VIII. INDEMNIFICATION <br />To the extent authorized by North Carolina law County, Towns, UNC -CH and UNC - Healthcare <br />each agree to indemnify and hold harmless one another, their agents, officials, and employees, <br />from and against all claims, actions, demands, costs, damages, losses and /or expenses of any <br />kind whatsoever, in whole or in part, resulting from any acts of County, each Town, UNC -CH or <br />UNC - Healthcare, their agents, officials, employees, guests or invitees caused by or directly <br />related to the performance of this Agreement, including but not limited to court costs and <br />attorney's fees incurred by the County, Towns, UNC -CH and UNC - Healthcare in connection <br />with the defense of said matters. <br />