Orange County NC Website
DocuSign Envelope ID: EB95AF21-6E8D-4708-AOD6-B5AABC2D5767 <br /> discretion, to offset costs of field maintenance, increased materials, increased equipment use, <br /> breakage, and other costs that the County will incur as part of this Agreement. <br /> HYAA shall not issue sublicenses for the use of the Cedar Grove Park, Efland-Cheeks <br /> Community Park,or Fairview Park ball fields described herein. Any sublicense shall be void <br /> and any attempt to issue a sublicense shall constitute breach of this Agreement. <br /> An HYAA representative shall meet during the term of this Agreement with the County <br /> Manager or County Manager's designee to review this Agreement, discuss the Parties' <br /> compliance therewith,review proposed special HYAA events as described in Section One (C), <br /> and discuss suggested modifications thereto. Any cases of sustained field damage from possible <br /> overuse will also be evaluated at this meeting. <br /> The failure of the County to require compliance by the HYAA with any provisions of this <br /> Agreement or the waiver by the County of any breach of this agreement shall not constitute a <br /> waiver of any claim for damages by the County for any breach of this Agreement or a waiver of <br /> any other required compliance with the terms of this Agreement. <br /> Any modification of this Agreement or additional obligation assumed by either party in <br /> connection with this Agreement shall be binding only if evidenced in writing signed by each <br /> party or an authorized representative of each party. <br /> This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the intent of the Parties to <br /> comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> By signing below, the representative of HYAA warrants that he/she is authorized to <br /> execute this Agreement on behalf of HYAA, and that he/she has obtained all authorizations, <br /> approvals, and resolutions from HYAA that are necessary in order to duly bind HYAA to this <br /> Agreement. <br /> In witness whereof, each party to this agreement has caused it to be executed on the date first <br /> written above. <br /> 10 <br />