Orange County NC Website
Attachment A <br />AMENDMENT TO SERVICE AGREEMENT <br />This is an Amendment to the Service Terms and Conditions entered into by Orange County, a local <br />political subdivision of the State of North Carolina ("Customer") and Motorola Solutions, Inc. <br />("Motorola"), Contract Number: USC000003396. <br /> <br />1. Governing Law. This Agreement and the duties, responsibilities, obligations, and rights of <br />respective parties hereunder shall be governed by the laws of the State of North Carolina. <br />By executing this Agreement, Motorola affirms that Motorola and any of their <br />subcontractors are and shall remain in compliance with Article 2 of Chapter 64 of the North <br />Carolina General Statutes. By executing this Agreement, Motorola certifies that they have <br />not been identified and have not utilized any agent or subcontractor's services on the list <br />created by the State Treasurer according to G.S. 147-86.58. By executing this Agreement, <br />Motorola certifies that they have not been identified and have not utilized any agent or <br />subcontractor's services identified on the list created by the State Treasurer according to <br />G.S. 147-86.81. <br /> <br />2. Non Appropriation. Motorola acknowledges that Customer is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. In the event that public funds are unavailable and not <br />appropriated for the performance of Customer's obligations during the term of this <br />Agreement, the Customer agrees to provide Motorola with immediate notice, and this <br />contract terminated on the last day of the fiscal year, funds were appropriated. The <br />Customer will be responsible for services performed and equipment delivered up to the <br />date of notice of non-appropriation of funds. The Customer shall have no further legal <br />obligation according to this Agreement. <br /> <br />3. This Paragraph Supersedes Paragraph 10.3 of the Service Agreement. Termination. <br />The Customer may terminate this Agreement based upon Motorola's material breach of <br />this Agreement; provided, Motorola has taken all reasonable actions to remedy the breach. <br />The Customer shall give Motorola thirty (30) days' prior written notice of its intent to <br />terminate this Agreement for cause. In the event of termination, Motorola shall be paid <br />that portion of the fees and expenses that it has earned by the date of termination, less any <br />reasonable costs or expenses incurred by the Customer due to errors or omissions directly <br />caused by Motorola. The payment of any funds by the Customer under this Agreement or <br />the waiver by the Customer of any breach of this Agreement shall not constitute a waiver <br />of any claim for reasonable damages by the Customer for any breach of this Agreement. <br /> <br />4. Non-Discrimination. Motorola shall at all times remain in compliance with all applicable <br />local, state, and federal laws, rules, and regulations, including but not limited to all state <br />DocuSign Envelope ID: 5E4513BA-2943-4827-A7A1-FB7D36DACFAA