Orange County NC Website
Browse       Search
(c) Attachment B of this Agreement details projected operating costs as of <br />the date listed on Attachment B. It is acknowledged and agreed by ORANGE <br />COUNTY and PROVIDER that the figures in Attachment B will increase at a rate of <br />three percent (3%) per year unless otherwise agreed to by ORANGE COUNTY and <br />PROVIDER in writing. Attachment B (i.e., current operating costs) and supporting <br />documentation will be provided to ORANGE COUNTY by PROVIDER within ten (10) <br />days of ORANGE COUNTY’s written request. <br />10. TERMINATION FOR CAUSE. This Agreement may be terminated <br />immediately, unless otherwise stated in Section 13, by either party for cause: <br />(a) In the event that the other party fails or refuses to pay any amounts due <br />under this Agreement and such failure continues for ten (10) business days; <br />(b) In the event that the other party fails or refuses to perform any other <br />obligation required under this Agreement, and such failure or refusal continues for <br />thirty (30) days after written notice thereof <br />11. EFFECT OF TERMINATION. Immediately upon termination of this <br />Agreement by either party for any reason: <br /> <br />(a) All duties, responsibilities and other obligations of each party hereunder <br />shall terminate, except for the payment of any amounts due and owing to PROVIDER <br />at the time of termination. <br />(b) Each party shall immediately return to the other party all equipment, <br />software, books, records, tools and any other personal property owned by the other <br />party that are in such party's possession. ORANGE COUNTY shall allow PROVIDER <br />full and unrestricted access to enter into the On Site Location(s) and immediately <br />remove all equipment and other items of personal property owned by PROVIDER <br />without being deemed guilty of trespass or any other violation of the law. All inventory <br />records, sales history, sales analysis and all other information generated by <br />PROVIDER under this Agreement will be returned to ORANGE COUNTY. <br />Nothing contained in this Section shall be deemed a waiver of, or in any other <br />manner impair or prejudice, any other legal rights that either party may have against <br />the other party for any breach of this Agreement. The provisions and obligations of <br />Sections 6, 12, and 13 shall survive the termination of this Agreement for any reason. <br />12. BUY BACK OF INVENTORY. Upon termination, expiration, or non-renewal <br />of the contract, PROVIDER shall have the option to require ORANGE COUNTY to <br />purchase any Inventory specifically branded for use by ORANGE COUNTY where such <br />branding reasonably prohibits the use of that inventory by other entities, and ORANGE <br />COUNTY shall have the option to purchase all Inventory, owned by PROVIDER and <br />located in the On Site Location(s) at PROVIDER's current acquisition cost. The <br />Inventory contemplated for purchase by ORANGE COUNTY will be mutually agreed <br />upon by both parties. <br />DocuSign Envelope ID: A4383317-8ADF-4C39-8444-19C44DC9DE44