Orange County NC Website
Browse       Search
Revised 6/20 <br />5 <br />c. Waiver. The payment of any sums by the County under this Agreement or the failure of <br />the County to require compliance by the Provider with any provisions of this Agreement <br />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 <br />waiver of any other required compliance with this Agreement. <br /> <br />d. Suspension. County may suspend the Basic Services and this Agreement at any time for <br />County’s convenience and without penalty to County upon three (3) days’ notice to <br />Provider. Upon any suspension by County, Provider shall discontinue work on the Basic <br />Services and shall not resume the Basic Services until notified to proceed by County. <br /> <br />11. Additional Provisions <br /> <br />a. Limited Warranty: Stratus warrants that it will perform the Services in a professional <br />manner consistent with industry standards. Except for the express warranties provided in <br />this Agreement and to the extent allowed by applicable law, Stratus makes no other <br />representation, warranty, or guarantee, express or implied, of any kind, and Stratus <br />specifically disclaims any warranty or condition of merchantability or fitness for a <br />particular purpose. <br /> <br />b. Limitation of Liability: County acknowledges that interpretations may not be entirely <br />accurate in all cases and that events outside of the control of Stratus may result in <br />incomplete or interrupted service. Except as specifically stated otherwise and to the <br />extent allowed by North Carolina law, each party's aggregate liability to the other for <br />claims arising out of this Agreement, whether for breach or in tort and including but not <br />limited to negligence, shall be limited to the amount paid by County to Stratus within the <br />previous 12 months. Further, neither party will be liable for any indirect, punitive, <br />special, incidental or consequential damage in connection with or arising out of this <br />Agreement (including loss of business, revenue, profits, use, data or other economic <br />advantage), however it arises, whether for breach or in tort, even if that party has been <br />previously advised of the possibility of such damage. Liability for damages shall be <br />limited and excluded, even if any exclusive remedy provided for in this Agreement fails <br />of its essential purpose. <br /> <br />c. Equipment Warranty: The warranty provided to Customer by Stratus with respect to the <br />Equipment is set forth in Exhibit “B” of Attachment A. The warranty period shall <br />commence upon Acceptance of the Equipment. <br /> <br />d. Additional Terms: The obligations of the parties under this Agreement which by their <br />nature should continue beyond the termination or expiration of this Agreement will <br />remain in effect after termination or expiration. <br /> <br />e. Non-Performance: To the extent allowed by North Carolina law, a party is not liable <br />under this Agreement for non-performance or delayed or interrupted performance caused <br />by events or conditions beyond that party’s control if the party makes reasonable efforts <br />to perform. This provision does not relieve County of its obligation to make all payments <br />then owing when due. <br /> <br />DocuSign Envelope ID: CCF26BE9-7139-4CD7-B14B-F0FE9E767491