Orange County NC Website
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 /> 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 />