Orange County NC Website
10 <br />after receipt of the notice to cure default. If it is not cured or if the Parties have not agreed to <br />steps to cure the default according to a mutually acceptable schedule, then this Agreement shall <br />terminate. In the event of default by the Artist, all finished and unfinished drawings, sketches, <br />photographs and other Art Work products prepared or submitted or prepared for submission by <br />the Artist under this Agreement shall at the County's option become its property, provided that <br />no right to fabricate or execute the Art Work shall pass to the County, The Artist shall not be <br />relieved of liability to the County for damages sustained by the County by virtue of any breach <br />of this Agreement by the Artist, and the County may reasonably withhold payments to the Artist <br />until such time as the exact amount of such damages due the County from the Artist is <br />deternrined. <br />ARTICLE 25. OTHER REMEDIES <br />The specification of remedies in this agreement shall not be deemed to be exclusive, The County <br />retains the right to pursue any remedies available for defective or delayed performance, including <br />specifically the right to set off' any damages for defective or delayed performance against any <br />sum due the Artist under this Agreement. <br />ARTICLE 26. DISPUTE RESOLUTION <br />All claims, disputes, and other matters in question between the parties to this Agreement, arising <br />out of or relating to this Agreement or the breach thereof; shall be decided by mediation held in <br />Orange County, North Carolina. If unsuccessful, binding arbitration in accordance with the mast <br />current rules of the American Arbitration Association shall be conducted, however, consideration <br />of artistic merit being a matter for the exclusive determination of the Artist, no dispute or <br />controversy may azise with respect thereto. <br />ARTICLE 27. NOTICES <br />All notices, requests, demands and other communications which are required or permitted to be <br />given under this Agreement shall be in writing and shall be deemed to have been duly given <br />upon the delivery or receipt thereof, as the case maybe, if delivered personally or sent by <br />registered or certified mail, return receipt requested, postage prepaid, at the following addresses <br />or such other address as specified in writing from time to time by the party receiving notice: <br />a. if to County, to: <br />.John Link <br />County Manager <br />Orange County <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />(919)245-2330 <br />b. if to the ARTIST, to: <br />Sarah Craige <br />4100 Red Tail Run <br />Efland, NC 27243 <br />(919)563-6755 <br />