|
11
<br /> 15. Force Majeure, If(a) during the term of this Grant the real or personal property located on or
<br /> constituting the Property suffers damage or destruction caused by acts of God,fires,floods, storms,
<br /> insurrection, riots, acts of a public enemy, national catastrophe,or similar unexpected events, (b)such
<br /> damage or destruction was not principally caused by the gross negligence,willful misconduct,or
<br /> violation of applicable law by the Company, (c)the Company uses reasonable efforts to repair, or to
<br /> work around, such damage or destruction immediately, and (d) as a direct result of such damage or
<br /> destruction the Company cannot satisfy the requirements and obligations of this Grant Agreement,then
<br /> the Company will not be determined to be in default due to conditions directly caused by the force
<br /> majeure.
<br /> 16, Special Provisions and Conditions.
<br /> (a). Non-discrimination, The Company agrees not to discriminate against any person based on age
<br /> (as defined in the Orange County Civil Rights Ordinance), race, ethnicity, color, national origin, religion,
<br /> creed, sex,gender, gender identity, gender expression, marital status,familial status, source of income,
<br /> disability, political affiliation,veteran status, or disabled veteran status related to the activities of this
<br /> Grant Agreement.
<br /> (b). Compliance with Laws. The Company shall at all times observe and comply with all laws,
<br /> regulations, codes, rules, ordinances and other requirements (together, "Laws") of the state,federal and
<br /> local governments which may in any manner affect the performance of the Grant Agreement or the
<br /> Project,
<br /> (d). Non-Assignability.The Company shall not assign or transfer any interest in the Grant Agreement
<br /> without the prior written consent of County, which shall not be unreasonably withheld.
<br /> (e). Personnel.The Company represents that it has, or will secure at its own expense, all personnel
<br /> required to monitor,carry out and perform the scope of services of this Agreement. Such employees
<br /> shall not be employees of County. Such personnel shall be fully qualified and shall be authorized under
<br /> state and local law to perform such services,
<br /> 17. Notice. All notices required or permitted to be delivered pursuant to this Grant Agreement and
<br /> all communications in respect thereof shall be in writing and shall be deemed given when personally
<br /> delivered or when deposited in the United States mails, certified, return receipt requested,first class,
<br /> postage prepaid and addressed as follows:
<br /> If to the Company:
<br /> Attn: Alan Wells
<br /> ABB, Inc.
<br /> 305 Gregson Avenue
<br /> Cary, NC 27511
<br /> If to the County:
<br /> Attn: Economic Development Director
<br />
|