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Agenda - 11-01-2022; 6-b - Durham & Orange Transit Plan Governance Study – Interlocal Agreement Between Orange County, DCHCMPO, and Research Triangle Regional Public Transportation Authority
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Agenda - 11-01-2022; 6-b - Durham & Orange Transit Plan Governance Study – Interlocal Agreement Between Orange County, DCHCMPO, and Research Triangle Regional Public Transportation Authority
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10/27/2022 3:04:46 PM
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BOCC
Date
11/1/2022
Meeting Type
Business
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Agenda
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6-b
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Agenda for November 1, 2022 BOCC Meeting
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27 <br /> implementation elements prepared in accordance with N.C.G.S. 159-25. Quarterly <br /> Financial Condition Report shall apply for all quarters but shall also be incorporated <br /> elements into the Enhanced Quarter-2 and Annual Reports. <br /> 9.04 At the time of the submittal of the Enhanced Quarter-2 reports, each agency that has a project <br /> funded in that fiscal year through the annual work program shall also submit an update of <br /> projects including project milestones and timelines and transit operations.The format of the <br /> Enhanced Quarter-2 Repot and Quarterly Financial Condition Report shall be agreed upon by <br /> the Parties of this agreement by September 1, 2023. <br /> Article X <br /> Agreement Related Dispute Resolution <br /> It is the desire and intent of the Parties to resolve any disputes in a collaborative manner and to avoid, if <br /> possible,the expense and delay of litigation. In the event that any Party cannot resolve an issue with <br /> another Part under this Agreement,the affected party shall engage in the following process: <br /> 10.01 Any Party may give written notice to another Party or Parties of any dispute not resolved in the <br /> ordinary course of business. Within ten (10) business days after delivery of the written notice <br /> by regular or electronic mail,the receiving Party(ies) shall submit a written response to the <br /> disputing Party and designate in the notice a representative who will represent that Party in <br /> the negotiation to resolve the dispute. If a third-party mediator is necessary,the Party <br /> providing initial written notice will indicate as such in the notice and seek <br /> confirmation/approval by the receiving parties in written response. It shall be the <br /> responsibility of the Party giving notice to cover any costs related to any third-party mediator <br /> once confirmed/approved by the receiving parties. <br /> 10.02 Within ten (10) business days of receiving the response, the appointees of the disputing and <br /> receiving Parties shall meet at a mutually acceptable time and place, and thereafter, as often <br /> as necessary to resolve the dispute. <br /> 10.03 All reasonable requests for information made by one Party to the other shall be honored in a <br /> timely fashion to permit constructive discussion. <br /> 10.04 The duty to engage in dispute resolution is a material part of this Agreement enforceable by <br /> equitable relief. <br /> 10.05 Upon failure to resolve a dispute through the steps outlined in this Agreement, any Party may <br /> engage in other dispute resolutions processes agreed upon by the Parties or pursue any legal <br /> or equitable remedies available. <br /> Article XI <br /> Non-Assignment <br /> Delegation of Duty <br /> 11.01 No Party shall assign any portion of this Agreement or the rights and responsibilities hereunder <br /> to another person or entity who is not a party to this Agreement without the prior written <br />
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