Orange County NC Website
Browse       Search
Revised 12/18 <br />9 <br />RETURNED ACH DEBIT FEE IN THE AMOUNT OF $30.00 TO COUNTY’S <br />ACCOUNT. <br /> <br />p. Provider Warranty. For as long as County timely makes all payments due hereunder, <br />Provider warrants throughout the term of this Agreement that it will repair structural or <br />mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, <br />fuses/breakers and light bulbs), provided that County notifies Provider in writing of any <br />defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. <br />Provider shall have no liability for the repair of any defect or condition resulting from <br />County’s relocation of the Equipment, utilities connection, alteration of the Equipment, <br />use of the Equipment for a purpose for which it was not intended, vandalism, misuse of <br />the Equipment, for excessive wear and tear or for which timely notice is not provided to <br />Provider. The repair of the Equipment by Provider, due to a defect or condition resulting <br />from any of the preceding causes shall result in additional charges to County. Provider <br />shall have no liability whatsoever for any consequential, incidental or punitive damages, <br />costs or expenses. WILIAMS SCOTSMAN DISCLAIMS ANY AND ALL IMPLIED <br />WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED <br />WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED <br />WARRANTY OF MERCHANTABILITY. <br /> <br />q. Return Of Equipment: Prior to the end of the lease term, County must give Provider at <br />least thirty (30) days advance written notice of its intention to return the Equipment, and <br />must disconnect all utilities, remove all its possessions from, and vacate the Equipment, <br />leaving it in a "broom clean" condition. Provider shall arrange for the return of the <br />Equipment at the County's expense. Provider is not responsible for any property located <br />in the Equipment upon its return. <br /> <br />r. Default: Any of the following events constitute an Event of Default under this <br />Agreement: (a) Nonpayment of any monies owed hereunder to Provider within twenty <br />(20) days after they are due; or (b) County's failure to perform any term or condition of <br />this Agreement or any other agreement between Provider and County. <br /> <br />s. Remedies: Upon the occurrence of an Event of Default, Provider shall have the right to <br />exercise any of the following remedies: (a) Declare that the rent for the Minimum Lease <br />Term and all other unpaid rent, fees, taxes and charges, for any or all Equipment covered <br />by this Agreement immediately due and payable; (b) repossess any or all of the <br />Equipment; (c) use, hold, or sell the Equipment upon such terms as Provider determines; <br />(d) cancel this Agreement with respect to one or more items of Equipment or the entire <br />Agreement, at Provider’s sole option. A termination hereunder shall occur only upon <br />written notice by Provider to County and only with respect to such items of Equipment <br />as Provider specifically elects to terminate in such notice. Except as to such items of <br />Equipment with respect to which there is a termination, this Agreement shall remain in <br />full force and effect and County shall be and remain liable for the full performance of all <br />of its obligations hereunder; and/or (e) proceed with any remedies at law or in equity <br />available to Provider. All such remedies are cumulative and may be enforced separately <br />or concurrently from time to time. Provider's waiver of any Event of Default shall not <br />constitute a waiver of any other Event of Default. County shall pay all Provider's legal <br />fees and all other fees and expenses related to the enforcement of this Agreement. <br /> <br />DocuSign Envelope ID: F8EBDA2B-E1C9-4C03-80ED-E37FE36A5811