Orange County NC Website
Browse       Search
_____________________________________________________________________________ <br />State Centric MOA 4393-0083-F Orange County <br /> <br />8 <br /> <br />agrees that it is not an employee or agent of the State but is an independent <br />contractor. <br /> <br />(c) The County agrees to be fully responsible for its own negligent acts or <br />omissions or tortious acts. Nothing herein is intended to serve as a waiver <br />of sovereign immunity by the State or any other recipient or subgrantee to <br />which sovereign immunity applies. Nothing herein shall be construed as <br />consent by a state agency or subdivision of the State of North Carolina to <br />be sued by third parties in any matter arising out of any contract. <br /> <br />(11) DEFAULT: REMEDIES: TERMINATION/OPT OUT <br /> <br />(a) If any of the following events occur ("Events of Default"), all obligations <br />on the part of the State to make any further payment of funds hereunder <br />shall, if the State so elects, terminate, and the State may at its option <br />exercise any of its remedies set forth herein, but the State may make any <br />payments or parts of payments after the happening of any Events of <br />Default without thereby waiving the right to exercise such remedies, and <br />without becoming liable to make any further payment: <br /> <br />1. If any warranty or representation made by the County in this <br />Agreement or any previous Agreement with the State shall at any <br />time be false or misleading in any respect, or if the County shall <br />fail to keep, observe or perform any of the terms or covenants <br />contained in this Agreement or any previous agreement with the <br />State and has not cured such in timely fashion, or is unable or <br />unwilling to meet its obligations thereunder; <br /> <br />2. If any reports required by this Agreement have not been submitted <br />to the State or have been submitted with incorrect, incomplete, or <br />insufficient information; <br /> <br />3. If the County elects not to perform any of the work/conditions <br />called for under this Agreement; <br /> <br />4. If the necessary funds are not available to fund this Agreement as a <br />result of action by the United States Congress, the N.C. General <br />Assembly, or the Office of State Budget and Management. <br /> <br />(b) Upon the happening of an Event of Default, then the State may, at its <br />option, upon written notice to the County and upon the County’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 State from pursuing any other remedies <br />contained herein or otherwise provided at law or in equity: <br />DocuSign Envelope ID: 9080716C-121D-4F19-9E12-FB2684335DF5DocuSign Envelope ID: A02EDAA0-6072-4731-9C1B-857DF9D747A3