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Agenda 10-03-23; 6-a - Renewal of Management Services Agreement for the Piedmont Food Processing Center
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Agenda 10-03-23; 6-a - Renewal of Management Services Agreement for the Piedmont Food Processing Center
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9/28/2023 1:03:28 PM
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BOCC
Date
10/3/2023
Meeting Type
Business
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Agenda
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6-a
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23 <br /> perform all payments,terms,covenants, conditions and obligations under any bonds,debentures <br /> or other security agreements or contracts relating to the Facility to which the County may be <br /> bound, and PFPC shall reasonably cooperate with the County in this regard. <br /> 9. Assignment;Affiliates. <br /> 9.1 Assignment. <br /> Neither this Agreement nor any of the rights or obligations hereunder may be assigned by <br /> either party hereto without the prior written consent of the other party hereto, which consent shall <br /> be given or not within the sole and absolute discretion of the party from whom consent is sought. <br /> The party being asked to consent shall not delay in its response to the request for consent. <br /> 10. Laws and Permits. <br /> 10.1 Permits, Licenses. Taxes and Liens. <br /> PFPC shall procure any permits and licenses required for the business to be conducted by <br /> it hereunder. The County shall cooperate with PFPC in applying for such permits and licenses, <br /> but the County itself shall not necessarily be a licensee or permittee unless required by the <br /> applicable license or permit or unless required by the County for other reasons. PFPC shall <br /> deliver copies of all such permits and licenses to the Contract Administrator. PFPC shall pay <br /> promptly all taxes, excises, license fees and permit fees of whatever nature arising from its <br /> operation, promotion and management of the Facility. PFPC shall use reasonable efforts to <br /> prevent mechanic's or materialman's or any other lien from becoming attached to the premises or <br /> improvements at the Facility, or any part or parcel thereof, by reason of any work or labor <br /> performed or materials furnished by any mechanic or materialman,so long as the work, labor or <br /> material was provided at PFPC's direction and the County has supplied funds for the payment of <br /> charges therefor in accordance with this Agreement. <br /> 10.2 Governmental Compliance. <br /> PFPC, its officers, agents and employees shall comply with all Laws applicable to PFPC's <br /> management of the Facility hereunder. With respect to the ADA, PFPC will comply with Title <br /> III of the ADA and the provision of such auxiliary aids or alternate services as may be required <br /> by the ADA. Nothing in this Section 10.2 or elsewhere in this Agreement shall,however, require <br /> PFPC to undertake any of the foregoing compliance activity, nor shall PFPC have any liability <br /> under this Agreement therefor, if(a) such activity requires any Capital Improvements, unless the <br /> County provides funds for such Capital Improvements pursuant to Section 4.0 hereof, or(b)any <br /> Pre-existing Agreement fails to require any licensee, lessee, tenant, or user of any portion of the <br /> Facilities to comply, and to be financially responsible for compliance, with Title III of the ADA <br /> in connection with any activities of such licensee, lessee, tenant, or user at the Facilities. <br /> Furthermore, PFPC shall have the right to require any licensee, lessee, tenant, or user of any <br /> portion of the Facility to comply, and to be financially responsible for compliance, with Title III <br /> 13 <br />
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