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Agenda - 09-01-20; 8-j - Performance Agreement Between the Town of Chapel Hill and Visitors Bureau
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Agenda - 09-01-20; 8-j - Performance Agreement Between the Town of Chapel Hill and Visitors Bureau
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BOCC
Date
9/1/2020
Meeting Type
Business
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Agenda
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8-j
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5 <br /> 12. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of <br /> the North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), <br /> Contractor shall require the subcontractor(s)to comply with the requirements of Article 2, <br /> Chapter 64 of the General Statutes.Pursuant to North Carolina General Statute § 143-133.3 <br /> (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment <br /> are exempt from this E-Verify provision. <br /> 13. Amendment: This Contract may be amended in writing by mutual agreement of the Town <br /> and Contractor. <br /> 14. Termination: Either party may terminate this Contract at any time by giving the other party <br /> thirty (30) days written notice of termination prior to the end of the term as described <br /> herein. <br /> 15. Interpretation/Venue: This Contract shall be construed and enforced under the laws of <br /> North Carolina. The courts and the authorities of the State of North Carolina shall have <br /> exclusive jurisdiction over all controversies between the parties which may arise under or <br /> in relation to this Contract. In the event of any dispute between the parties, venue is <br /> properly laid in Orange County,North Carolina for any state court action and in the Middle <br /> District of North Carolina for any federal court action. Contrary to any provision that may <br /> be contained in any exhibit attached hereto the Town shall not consent to 1)resolving any <br /> dispute by means of arbitration and/or 2)waiver of a trial by jury. <br /> 16. Preference: In the event that the terms of any exhibit attached hereto are not consistent with <br /> the terms of this Contract, this Contract shall have preference; provided that where either <br /> any exhibit attached hereto or this Contract establishes higher standards for performance <br /> by either party, the higher standard,wherever located, shall apply. <br /> 17. Severability: The parties intend and agree that if any provision of this Contract or any <br /> portion thereof shall be held to be void or otherwise unenforceable, all other portions of <br /> this Contract shall remain in full force and effect. <br /> 18. Assignment: This Contract shall not be assigned without the prior written consent of the <br /> parties. <br /> 19. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no <br /> other warranties,inducements,considerations,promises,or interpretations shall be implied <br /> or impressed upon this Contract that are not expressly addressed herein. All prior <br /> agreements, understandings and discussions are hereby superseded by this Contract. <br /> 20. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the <br /> Town certified statements setting forth, the cost of all materials purchased from each <br /> vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the <br /> Contractor makes several purchases from the same vendor, the Contractor's certified <br /> statement shall indicate the invoice number, the inclusive dates of the invoices, the total <br /> amount of the invoices, and the North Carolina sales and use taxes paid thereon. The <br /> Contractor's certified statement shall also include the cost of any tangible personal property <br /> Small Service Contract Revised 9/2019 Page 3 of 6 <br />
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