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Agenda - 02-21-2023; 8-d - Durham & Orange Transit Plan Governance Study – Interlocal Agreement Between OC, Durham-CH-Carr MPO, and Research Triangle Regional Public Transportation Authority
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Agenda - 02-21-2023; 8-d - Durham & Orange Transit Plan Governance Study – Interlocal Agreement Between OC, Durham-CH-Carr MPO, and Research Triangle Regional Public Transportation Authority
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2/16/2023 11:07:56 AM
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BOCC
Date
2/21/2023
Meeting Type
Business
Document Type
Agenda
Agenda Item
8-d
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24 <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 /> consent of the other Parties. Notwithstanding the above, nothing herein shall restrict the <br /> rights of any party to contract with any third parties for the implementation of the Orange <br /> County Transit Annual Work Program as contemplated herein. <br /> 11.02 Except as expressly stated herein,this Agreement shall not change the delegation of any duty <br /> previously delegated to Party by federal law, state statute, local ordinance, or resolution, and <br /> shall not create any new duty which does not exist under federal law, state statute, local <br /> ordinance, or resolution. <br /> 11.03 Nothing herein shall modify, abridge, or deny any authority or discretion of Orange County <br /> with regard to calling for a special election as set forth in N.C.G.S. 163-287 or considering <br /> authorization to conduct a referendum by vote as set forth in N.C.G.S. Chapter 105,Article 43, <br /> Part 3. <br /> 11.04 Nothing herein shall modify, abridge, or deny any authority or discretion of any Party or <br /> municipality to independently develop, administer, or control transportation projects pursuant <br /> to enumerated authority or funding sources separate from the authority and funding sources <br /> outlined in this Agreement. <br />
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