Orange County NC Website
20. <br />21. <br />22. <br />23. <br />24. <br />25. <br />26. <br />Successors and Assigns.This Agreement will be binding upon and will inure to the benefit of the parties hereto and <br />their respective heirs, representatives, successors and permitted assignees.This Agreement may not be assigned, <br />transferred, shared or divided in whole or in part by Subscriber without prior written consent; such consent shall not be <br />unreasonably withheld. <br />Audit Rights.Subscriber understands that ONLINE and each of ONLINE’s Data Providers require the right to audit <br />usage by Subscriber for compliance with the requirements of the Federal Fair Credit Reporting Act.Subscriber herein <br />agrees to cooperate fully with any compliance audit by ONLINE or ONLINE’s Data Providers and to provide ONLINE <br />any required documentation or other information necessary for such an audit in a timely and reasonable manner. <br />Excusable Delays.  Neither party shall be liable for any delay or failure in its performance under this Agreement (other <br />than for payment obligations hereunder) if and to the extent that such delay or failure is caused by events beyond the <br />reasonable control of the party including, without limitation, acts of God or public enemies, labor disputes, equipment <br />malfunctions, computer downtime, software defects, material or component shortages, supplier failures, embargoes, <br />rationing, acts of local, state or national governments or public agencies, utility or communication failures or delays, <br />fire, earthquakes, flood, epidemics, riots and strikes. <br />Dispute Resolution.  With the exception of any action taken under paragraphs 1 and 4 or any alleged violation of <br />paragraph 12, 13 and 18 of this Agreement, the parties will resolve any dispute arising out of or relating to this <br />Agreement in a binding arbitration conducted under the auspices of the American Arbitration Association. Disputes <br />arising out of or resulting from actions taken under paragraphs 1, 4 or 12, 13 and 18 may be resolved informally by the <br />parties through the courts. <br />Site Inspection.  Subscriber agrees to an inspection of its premises by an independent Third Party Inspection <br />Agency.  The inspection is to be completed, in a timely manner, before any Services will be set up with our company.  <br />Subscriber ’s Application Fee will be applied to cover the cost of the Inspection Fee. Subscriber also agrees that this <br />fee is non-refundable. <br />Continuance of Business. In the event that Subscriber’s business is sold or relocates to a different location, it is the <br />Subscriber ’s obligation to notify ONLINE, in writing, of these changes, within 72 business hours of the effective date of <br />the transaction or the relocation. <br />Notifications. Subscriber and ONLINE agree that any notifications to the other as it pertains to this Agreement shall <br />be sent to the following contacts: <br />Orange County Housing Authority (NC) ONLINE Information Services, Inc. <br />Attn: <br />300 W. Tryon Street <br />Hillsborough, NC 27278 <br />Corey Root, Executive Director J.W. Blair/President <br />P.O Box 1489 <br />Winterville, NC 28590 <br />27.     Severability.  This Agreement shall be deemed to be severable and, if any provision is determined to be void or                <br />          unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. <br />28.     Contract in Entirety; Law.  This Agreement sets forth the entire understanding and agreement between ONLINE and      <br />          Subscriber concerning the Services, and supersedes any prior or contemporaneous oral or written agreements or              <br />          representations.  It may be modified only by a written amendment executed by both parties.  This Agreement shall be        <br />          interpreted in accordance with the laws of the State of North Carolina. <br />29.     Effective Date.  This Agreement is effective beginning  <br />11 <br />DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A