Agenda - 11-02-2005-5d - Laserfiche WebLink

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a~ the Grantee is found to have violated any material provision of this Franchise; or 2. the Grazrtee is found by a court of competent jurisdiction to have practiced any fraud or deceit upon the Grantor. B. The Grantor shall give the Grantee thirty (30) calendar days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If the Grantee cures the problem within the thirty (.30) day notice period, or if the Grantee initiates substantial effort to remedy the stated problem, and the efforts continue in good faith, then the Grantor shall not have the right to declare a breach of the Franchise. If the Grantee fails to cure the stated violation within the thirty (.30) day notice period, or if the Grantee does not undertake conunercially reasonable efforts to remedy the violation, then the Grantor, upon thirty (.30) calendar days notice to the Grantee, shall schedule a public bearing to review the facts and determine whether there is a basis to declare a forfeiture of this Fr°anchise At such hearing, the Grantee shall have the right to be heard and present evidence in a fashion consistent with the rules of evidence and standards governing judicial proceedings. The Grantor shall have the burden of proof: The Grantor shall issue a written decision, based on the evidence in the record, setting forth its Endings of fact and conclusions of law. The Grantee shall have the right to appeal any such decision with respect to enors of fact or law to a court of competent ,jurisdiction. Section 19. Expiration and Renewal Applicable state and federal law shall govern renewal of'this Franchise, Section 20. Forum for Litigation Any litigation between the Grantor and the Grantee arising under or regarding this Franchise shall occur, if in the state courts, in Orange County Superior or District Court having jurisdiction thereof, or if in the federal courts, in the United States District Court for the Middle District of North Carolina. Section Zl. Notice Any notice required under this Franchse shall be sufficient if~in writing and (1) delivered personally to the following addressee; or (2) deposited in the United States Mail, postage prepaid, certified mail, return receipt requested; or° (3) delivered by a reputable overnight courier service addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: To the Grantor: County Manager; Orange County; PO Box 8181, Hillsborough, NC 27278 14