Orange County NC Website
Browse       Search
<br />Page 9 of 15 <br /> <br />D. Except as provided below, the County may not increase the Solid Waste Programs Fee <br />unless recommended by a majority of the MOC created under section 11C of this <br />Agreement. <br /> <br />E. In the event a majority of the MOC fails to recommend a fee increase under paragraph 7D <br />for any service where such increase is necessary to fully pay for the provision of the <br />Programs, Services and Facilities contemplated by the terms of this Agreement or where <br />such increase is necessary for County to meet its contractual obligations with any contractor <br />engaged in providing any of the Programs, Services or Facilities contemplated by this <br />Agreement, County may, at its option, terminate this Agreement as it applies to any Town <br />that fails to authorize said Fee increase. <br /> <br />1. Any termination by County pursuant to this Paragraph 7E shall be without cost or <br />penalty to County and shall not constitute a breach of this Agreement. <br />2. In the event County terminates this Agreement pursuant to the terms of this <br />Paragraph 7E, the Town or Towns with which the Agreement is terminated shall <br />be responsible for the Termination Amount as described in Paragraph 1A. <br />3. Any termination pursuant to this Paragraph 7E shall be effective on June 30 of <br />the fiscal year in which a Town or Towns fail to approve the aforementioned Fee <br />increase for the next fiscal year. <br /> <br />F. Recycling revenue is derived from constantly fluctuating markets and vendor prices and the <br />County maintains authorization and flexibility to market recyclable materials according to <br />operational and market variables that are in the interest of the County in its role under this <br />Agreement. <br /> <br />9. INDEMNIFICATION <br /> <br />To the extent authorized by North Carolina law the County and the Towns, each agree to <br />indemnify and hold harmless one another, their agents, officials, and employees, from and <br />against all claims, actions, demands, costs, damages, losses and/or expenses of any kind <br />whatsoever, in whole or in part, resulting from any acts of County, each Town, their agents, <br />officials, employees, guests or invitees caused by or directly related to the performance of <br />this Agreement, including but not limited to court costs and attorney’s fees incurred by the <br />County or the Towns, in connection with the defense of said matters. <br /> <br />10. DISPUTE RESOLUTION <br /> <br />The Parties shall endeavor to resolve any disputes arising from or related to this Agreement <br />amicably through a meeting of the County and Town managers and, when requested by the <br />managers, the County Chair and Town Mayors. Should such attempts at amicable <br />resolution fail to resolve the dispute the County and Town managers shall mutually agree on <br />the selection of a certified mediator to conduct a mediation of the dispute. Should the <br />managers be unable to agree on a mediator the County may select a mediator. Should <br />mediation fail to resolve any disputes then such disputes shall be resolved in accordance <br />with North Carolina’s Revised Uniform Arbitration Act, N.C. Gen Stat. 1-569.1 et seq. should <br />mediation and/ or arbitration fail to resolve any dispute, disputes shall be resolved in the <br />General Court of Justice sitting in Orange County, North Carolina. It is agreed by the parties <br />that no other court shall have venue or jurisdiction with respect to any suits or actions to <br />13