Orange County NC Website
In the event that ( 1 ) the Implementing Party is not able or fails to provide a Projects ) 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 ) Parties to this Agreement fail to fulfill <br /> responsibilities and duties as set out in the Governance ILA ; or (4 ) any Party fails to fulfill <br /> a responsibility or duty of this Agreement ; or ( 5 ) any Party withdraws from the <br /> Comprehensive Participation Agreement (separately each a " breach " ) , any Party to this <br /> Agreement shall notify the SWG Administrator to the SWG Committee and the other <br /> Parties to this Agreement . The Non - breaching Party may place the item on a SWG agenda <br /> 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 <br /> to 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 /> but may elect to continue implementing the Projects using funds from sources <br /> other than the Orange Transit Tax . <br /> ( b ) The Implementing Party shall have sixty ( 60 ) days after the date of termination to <br /> submit all Reimbursement Requests . <br /> ( c ) The Implementing Party shall report the project status . <br /> 10 . Record Retention : <br /> All Parties must adhere to record retention guidelines as set forth in North Carolina <br /> General Statutes or federal guidelines as appropriate . <br /> 11 . Notices : <br /> Any notice given pursuant to this Agreement shall be deemed given if delivered by <br /> hand or if deposited in the United States Mail , postage paid , certified mail , return receipt <br /> requested and addressed as follows : <br /> If to GoTriangle : <br /> i <br /> GoTriangle <br /> Attn : President and CEO 4600 <br /> Emperor Blvd , Suite 100 <br /> Orange , NC 27703 <br /> i <br /> And with a copy to : <br /> 7 <br /> Global Operating Agreement for Transit Capital Infrastructure <br /> Orange County, FY2025 <br /> Contract # YMXX <br />