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Agenda 04-26-22; 8-c - Second Reading - Emergency Services Franchise by Ordinance – First Choice Medical Transport, LLC
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Agenda 04-26-22; 8-c - Second Reading - Emergency Services Franchise by Ordinance – First Choice Medical Transport, LLC
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4/26/2022
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8-c
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Agenda for April 26, 2022 Business Meeting
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20 <br /> Section 17. Forum for Litigation <br /> Any litigation between the Grantor and Grantee arising under or regarding the Franchise <br /> shall occur, if in the North Carolina courts, in Orange County Superior Court or District <br /> Court having jurisdiction thereof, or if in the federal courts, in the United States District <br /> Court for the Middle District of North Carolina. <br /> Section 18. Notice <br /> Any notice provided for under the Franchise shall be sufficient if in writing and delivered <br /> personally to the following address or deposited in the United States Mail,postage prepaid, <br /> certified mail, return receipt requested, addressed as follows, or to such other address as <br /> the receiving party hereafter shall specify in writing: <br /> If to the Grantor: <br /> Orange County Emergency Services <br /> Post Office Box 8181 <br /> Hillsborough,North Carolina 27278 <br /> Attn: Emergency Services Director <br /> (919) 245-6100 <br /> If to the Grantee: <br /> First Choice Medical Transport, LLC <br /> 123 Summer Lakes Drive <br /> Cary,North Carolina 27513 <br /> Attn: Carol Varsano <br /> (800) 380-7909 <br /> Section 19. Severability <br /> If any section, subsection, sentence,clause,phrase,or other portion of this Franchise is,for <br /> any reason, declared invalid, in whole or in part, by any court, agency, commission, <br /> legislative body, or other authority of competent jurisdiction, such portion shall be deemed <br /> a separate, distinct and independent portion. Such declaration shall not affect the validity <br /> of the remaining portions hereof, which other portions shall continue in full force and <br /> effect. <br /> Section 20. Reservation of Rights <br /> Notwithstanding any other provision of the Franchise, Grantor and Grantee reserve all <br /> rights that they may possess under the law unless expressly waived herein. Nothing herein <br /> shall constitute a waiver of rights of either party, provided, however, that both parties <br /> warrant and represent that, as of the effective date of the Franchise, they are not aware of <br /> any provision in the Franchise that is contrary to applicable law. <br /> First Choice Medical Transport, LLC <br /> EMS Franchise Agreement <br /> Page 17 of 22 Rev <br />
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