Orange County NC Website
Attachment 1 <br /> outlined in Section 4 of this Agreement . Generally , these expectations can be defined <br /> through the three following elements : Cost , Schedule and Functionality . This meeting <br /> shall also evaluate and confirm that the Project or sets of Projects , is meeting <br /> expectations outlined in Exhibit A , and provide a forum to discuss proposed mitigation <br /> strategies when metrics are not on track . <br /> B . Amendment Initiation : If metrics for one or more Projects are not being met , Parties <br /> to this Agreement shall utilize the approved work program development and/or <br /> amendment process to make any necessary adjustments to support the meeting of <br /> defined expectations . <br /> 7 . Further Agreements : <br /> The Parties agree that they will , from time to time , execute , acknowledge and deliver, or <br /> cause to be executed , acknowledged and delivered , such supplements hereto and such <br /> further instruments as may reasonably be required for carrying out the intention of this <br /> Agreement . The Parties agree to work together in good faith and with all due diligence to <br /> provide for and carry out the purpose of this Agreement . <br /> 8 . Amendment : <br /> Any extension of the Term of this Agreement and/or change to the content of this Agreement <br /> shall be by written amendment signed by all Parties . <br /> 9 . Breach ; Termination : <br /> In the event that ( 1 ) the Implementing Party is not able or fails to provide a Project (s ) as <br /> required by the Agreement ; or (2 ) GoTriangle is not able or fails to provide funding for a <br /> Project (s) as required by the Agreement ; or (3 ) GoTriangle fails to fulfill its responsibilities <br /> and duties as set out in the Governance ILA ; or (4) any Party fails to fulfill a responsibility or <br /> duty of this Agreement ; or (5) any Party withdraws from the Comprehensive Participation <br /> Agreement (separately each a " breach " ) , any Party to this Agreement shall notify the SWG <br /> Administrator and the other Parties to this Agreement . The Non - Breaching party may place <br /> the item on a SWG agenda for discussion and a non - binding recommendation to the Parties . <br /> The Non - breaching Party may provide the Breaching Party with a period of time to cure <br /> the breach to the reasonable satisfaction of the Non - breaching Party . If the breach is not <br /> timely cured , or cannot be cured , the Non - breaching Party may ( 1 ) elect to terminate this <br /> Agreement in full ; or (2 ) elect to terminate this Agreement only as to one or more Projects <br /> listed in Exhibit A . In the event of breach of this Agreement , the Parties shall be entitled to <br /> such legal or equitable remedy as may be available , including specific performance . <br /> In the event the Agreement is terminated for any reason other than by the end of the Term <br /> of the Agreement . <br /> ( a ) The Implementing Party shall not be required to continue implementing the Projects <br /> 6 <br /> Global Operating Agreement for Operations and Administration <br /> Orange County, FY2025 <br /> Contract # YY-XXX <br />