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EC88:46609:38165:1:FRANKFORT <br /> <br /> <br /> Page 4 of 12 <br />Agreement entered into between Orange County, North Carolina and Custom Data <br />Processing shall govern the termination of this Agreement. <br /> <br />N. Severability <br />If any provision of this Agreement is declared to be unenforceable for any reason, the <br />remainder of this Agreement will continue in full force and effect, and the <br />unenforceable provision will be deemed modified to the extent necessary to comply <br />with the applicable requirements of law, while retaining to the maximum extent <br />permitted by law its intended effect, scope and economic effect. <br /> <br />O. Governing Law <br />The interpretation and performance of this Agreement will be governed by the laws of <br />the State of North Carolina. <br /> <br />P. Service Fees and Payment <br />During the term of this Agreement, Lessee shall pay to Lessor, for the services provided <br />hereunder, fees in accordance with Schedule A that is attached hereto and made a part <br />hereof. <br /> <br />Lessor shall invoice Lessee for such fees and charges on a monthly basis and payment <br />therefore shall be due in accordance with Paragraph 5 of the Services Agreement <br />entered into between Orange County, North Carolina and Custom Data Processing. <br /> <br />The fees called for shall be subject to annual adjustment to reflect increases, in current <br />charges for services of Lessor. Such adjustments shall not exceed five percent (5%) <br />increase. In no case shall the total compensation paid for Basis Services exceed the <br />amount of $81,282.04. <br /> <br /> <br /> <br />Remit payments to: <br />CDP, Inc. <br />1408 Joliet Road <br />Romeoville, IL 60446 <br /> <br />Non-funding. <br />Lessor stipulates that Lessee is a public entity, governed by certain fiscal laws and <br />constraints and that, therefore, funds available for payments to be made under this <br />Agreement are not available beyond the fiscal year in which such funds are budgeted <br />and appropriated. Lessor agrees that in the event funds necessary for payments to be <br />made under this Agreement are not budgeted by Lessee’s governing body for any <br />succeeding fiscal year; or in the event funds, once budgeted, are limited or withdrawn <br />by said governing body due to financial constraints, shortfall of public funds, or for any <br />other reason which, in the governing body’s discretion, requires that said funds be <br />limited or withdrawn; then this Agreement shall be deemed to have been terminated <br />for convenience of Lessee, and Lessee shall not be deemed to be in default. <br /> <br />Q. Assignment <br />DocuSign Envelope ID: B7DDEBDE-549C-4BF7-937F-84342DB0B5DB