Orange County NC Website
600 Hwy 86 N · Hillsborough, North Carolina 27278 <br />Phone (919) 245-2008 · Fax (919) 732-2137 <br />orangecountync.gov/transportation <br /> <br />(ii) three (3) days after the date of deposit with the United States Postal Service, with postage <br />prepaid, if delivered by certified mail, return receipt requested; (iii) on the date of deposit <br />with a recognized overnight courier service, if delivered by overnight mail; or (iv) on the date <br />of electronic confirmation of successful transmission if delivered by electronic mail. <br />6. Right to Terminate: Either Party may terminate this Agreement for a material <br />breach of the Agreement by giving written notice of the alleged breach and the intent to <br />terminate to the other Party. Material breach of the Agreement includes the failure by O range <br />County to provide the service and enroll interested students and employees in the program and <br />the failure by UNC to communicate to interested students and employees and pay the Fee. The <br />breaching Party has thirty (30) days from receipt of written notice from the non-breaching Party <br />to cure the breach. If the breach is not timely cured, or cannot be cured, the non-breaching Party <br />may terminate this Agreement. If this Agreement is terminated, the Parties will cooperate on a <br />winding down of the transit services of the bus pass program including reasonable notice to <br />UNC’s students and employees. After the Termination Date, neither Party shall have any duties <br />or responsibilities to the other Party except for the obligations of UNC to pay any amounts owing <br />to Orange County hereunder as of the Termination Date, including, without limitation, the Fee. <br /> <br />7. Mutual Representations: The Parties have full legal and corporate power and <br />authority to enter into this Agreement. Neither Orange County nor the University is subject to <br />any agreement or other constraint that would prohibit, restrict or adversely affect its right or <br />ability to enter into, or carry out its obligations under, this Agreement. This Agreement, when <br />executed, will become the legal, valid and binding obligation of and inure to the benefit of the <br />respective Parties and their agents, grantees, successors, and assigns. <br /> <br />8. Disclaimer: Except as otherwise specifically provided in this Agreement, Orange <br />County MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE <br />RESOURCE, OR PRODUCT PROVIDED OR SUPPLIED BY Orange County OR AN AFFILIATE, <br />CONTRACTOR OR AGENT, AND Orange County EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY <br />OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Orange County DOES NOT <br />WARRANT THAT THE PERFORMANCE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- <br />FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. <br /> <br />Dispute Resolution: In the event a dispute arises between the Parties to this Agreement <br />in connection with the requirements of this Agreement, the dispute will first be submitted to the <br />Management Committee for resolution. If the Management Committee cannot resolve the <br />dispute within thirty (30) days, the Parties shall each appoint a representative to bargain in good <br />faith towards a mutual resolution. If the representatives of the Parties, after reasonable good <br />faith negotiations that lasted at least thirty (30) days, cannot reach a compromise, then either <br />Party may adjudicate their dispute as allowed by the laws of the State of North Carolina. <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 8AC73AB0-2A22-4FC7-8DB1-FF0C0488FA15DocuSign Envelope ID: 0B370F04-E65A-45EA-8AFB-BEABB1BCF9E7