Orange County NC Website
25 <br />APPROVED 12/05/05 <br />Facility, with regard to RFP's experiences at other similar facilities, and shall within fifteen (15) <br />days of such review advise the County in writing of the results of its review and of any changes, additions or increases to the insurance requirements hereunder or applicable to third parties <br />which are advisable under best facility management practices. <br />c) The parties hereto shall each immediately notify the other, along with anyapplicableinsurancecarrier(s), in writing of any occurrence or discovery which could result inaninsuranceclaimhereunder. <br />d) RFP shall require reasonable liability insurance from all third -party usersoftheFacilityandshallenforcetheprovisionscontainedinallthirdpartycontractsenteredinto <br />in connection with the Facility, including the insurance requirement contained in all Countyapprovedeventlicense, concessionaire, subcontractor and other similar agreements. <br />9. Ownership of Assets. <br />9.1 Ownership. <br />The ownership of buildings and real estate, technical and office equipment and <br />facilities, furniture, displays, fixtures, vehicles and similar tangible property located at the <br />Facility shall remain with the County. Ownership of and title to all intellectual property rights of <br />whatsoever value, related to the Facility in any way shall remain the sole property of the County, <br />with the exception of any proprietary software developed by RFP prior to the date of this <br />Agreement. The ownership of consumable assets (such as office supplies and cleaning materials) <br />purchased with Operating Revenues or County funds shall remain with the County, but such <br />assets may be utilized and consumed by RFP in the performance of services under this <br />Agreement. The ownership of data processing programs and software owned by the County shall <br />remain with the County, and the ownership of data processing programs and Software owned byRFPshallremainwithRFP. RFP shall not take or use, for its own purposes or for those of third <br />parties,_member, nser_or. exhibitor..lists_or..similar. materials developed.by. or provided_.to the . _ ..._ .............. <br />County for the use of the Facility, unless written consent is granted by the County. Ownership of <br />equipment, fimiishings, materials or fixtures not considered to be real property and other <br />personal property purchased by RFP with County funds for use at and for the Facility shall vest <br />in the County automatically and immediately upon purchase or acquisition. The assets of the <br />County as described herein shall not, by RFP or anyone other than the County, contracting with <br />RFP, be pledged, liened, encumbered or otherwise alienated or assigned other than in the <br />ordinary course of business of the Facility. <br />9.2 County Obli ations. <br />Except as herein otherwise set forth, throughout the terns of this Agreement, the <br />County will maintain full beneficial use and ownership of the Facility and will pay, keep, <br />observe and perform all payments, terms, covenants, conditions and obligations under any bonds, <br />debentures or other security agreements or contracts relating to the Facility to which the County <br />may be bound, and RFP shall reasonably cooperate with the County in this regard. <br />23