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2005 NS Purchasing - Recreation Factory Partners -SportsPlex Facility Management Agreement - fully executed
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2005 NS Purchasing - Recreation Factory Partners -SportsPlex Facility Management Agreement - fully executed
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3/20/2024 3:12:29 PM
Creation date
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BOCC
Date
12/5/2005
Document Type
Contract
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Agenda - 12-05-2005-
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 12-05-2005
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13 <br />APPROVED 12/05105 <br />whether at law or in equity), to temporary and permanent injunctive relief without the necessity <br />of proving actual damage or immediate or irreparable harm, or of the posting of a bond. Not- <br />withstanding the foregoing, if a court of competent jurisdiction shall determine any of the <br />provisions of this Section 2.5 to be unreasonable, RFP agrees to a reaffirmation of such <br />provisions or limits to such provisions which such court finds to be reasonable. <br />c) The County acknowledges the Confidential Information claim of RFP <br />contained in this Section 2.5. The County agrees, consistent with the public records law of North <br />Carolina, to assert that claim. The County and RFP acknowledge that the County is a local <br />government and a political subdivision of the State of North Carolina and as such is subject to <br />the Public Records Laws of the State of North Carolina. The County's agreement contained in <br />this Section 2.5 to protect RFP's Confidential Information does not require the County to violate <br />any such laws and does not require the County to litigate and pay for the litigation of the right to <br />withhold access, copies, use br confidentiality of the. Confidential Information. The County <br />agrees to notify RFP of any claim it receives, under the Public Records Laws of North Carolina, <br />for access,'copies or use of the Confidential Information and agrees that RFP may, at its election <br />and expense, defend the claim in the County's name provided RFP agrees in writing, before <br />undertaking such a defense, to indemnify and hold the County, its officials and employees, <br />harmless from any consequence of the defense. Nothing in this section requires the County, its <br />officials or employees, to subject itself and themselves to criminal liability and each may <br />independently act in good faith to protect itself and themselves from criminal liability. The <br />County is not responsible, in money damages, for the access, use, or copying of the Confidential <br />Information that is not authorized by the County. The County agrees, in good faith, to take all <br />reasonable steps to prevent the unauthorized use or transfer of the Confidential Information. <br />2.6 Central Orange Senior Center. <br />For purposes of this Agreement, all revenues generated by the Central Orange <br />Senior Center (the Senior Center) shall not be considered Operating Revenues hereunder. To the <br />extent that RFP employees employed at the Facility can provide management services as.____ ...._..... <br />described in Section 22 and, to the extent applicable, in Section 2.3, for the Senior Center within <br />their normal business day, such services shall be provided without extra charges or fees. <br />However, to the extent that RFP employees at the Facility cannot so perform or where RFP is <br />directed by the County to hire additional staff for the Senior Center, then any and- all new wages <br />or overtime payments incurred by the Facility in connection with (i.e. just before, during or just <br />after) the Senior Center shall be paid for by the County outside of the Facility budget. Any other <br />incremental (i.e. would not be incurred by the Facility but for the existence of the Senior Center) <br />charges that are identifiable and quantifiable in connection with the Senior Center shall also be <br />for the account of the County and not the Facility. <br />3. Term and Renewal. <br />3.1 Transition Period. <br />From the date of this Agreement through June 30, 2006, RFP and County shall, <br />prior to the date the County closes on the purchase of the Facility budget for the Transition <br />11
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