Orange County NC Website
Browse       Search
<br /> <br />Hazard Mitigation Page 9 FEMA-DR-4393-0042 Orange County <br />Grant Agreement <br />(b) Upon the happening of an Event of Default, then the AGENCY/ <br />GRANTEE may, at its option, upon written notice to the RECIPIENT/ <br />SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to <br />timely cure, exercise any one or more of the following remedies, either <br />concurrently or consecutively, and the pursuit of any one of the following <br />remedies shall not preclude the AGENCY/GRANTEE from pursuing any <br />other remedies contained herein or otherwise provided at law or in equity: <br /> <br />1. Terminate this Agreement, provided that the RECIPIENT/ <br />SUBGRANTEE is given at least fifteen (15) days prior written <br />notice of such termination. The notice shall be effective when <br />placed in the United States mail, first class mail, postage prepaid, <br />by registered or certified mail return receipt requested, to the <br />address set forth in paragraph (12) herein; <br /> <br />2. Commence an appropriate legal or equitable action to enforce <br />performance of this Agreement; <br /> <br />3. Withhold or suspend payment of all or any part of a request for <br />payment; <br /> <br />4. Exercise any other rights or remedies which may otherwise be <br />available under law. <br /> <br />(c) The AGENCY/GRANTEE may terminate this Agreement for cause upon <br />such written notice to RECIPIENT/SUBGRANTEE of such termination <br />and specifying the effective date thereof, at least one (1) day before the <br />effective date of termination. Cause shall include, but not be limited to, <br />misrepresentation in the grant application, misuse of funds; fraud; lack of <br />compliance with applicable rules, laws and regulations; failure to perform <br />in a timely manner, and refusal by the RECIPIENT/SUBGRANTEE to <br />permit public access to any document, paper, letter, or other material <br />subject to disclosure under N.C. General Statutes. <br /> <br />(d) Termination for Convenience: If this contract contemplates deliveries or <br />performance over a period of time, the AGENCY/GRANTEE may <br />terminate this Agreement at any time by providing fifteen (15) days’ notice <br />in writing from the AGENCY/GRANTEE to the <br />RECIPIENT/SUBGRANTEE. In that event, any or all finished or <br />unfinished deliverables prepared by the RECIPIENT/SUBGRANTEE or its <br />contractors or subcontractor’s under this Agreement shall, at the option of <br />the AGENCY/GRANTEE, become its property. If the Agreement is <br />terminated by the AGENCY/GRANTEE as provided in this section, the <br />AGENCY/GRANTEE shall reimburse for those eligible items for which <br />such option is exercised, less any payment or compensation previously <br />DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011