Orange County NC Website
Browse       Search
DocuSign Envelope ID:7DCC2B8A-E44C-4172-BF52-8A8B6D647BED <br /> 19 <br /> completion of a major Phase of Services as defined in the Project Plan, then Customer agrees to pay <br /> Farragut a fee in an amount equal to one percent (1%)of the total fees due for such Phase for each week <br /> that the Project is delayed past 2 months, up to a maximum of 10% (10 weeks). <br /> Farragut acknowledges that a delay in the completion of the Services is likely to lead to additional costs for <br /> Customer. In the event that Farragut solely causes a delay of more than two (2) months in the completion <br /> of a major Phase of Services as defined in the Project Plan,then Farragut agrees to provide Customer with <br /> a credit in an amount equal to one percent(1%)of the total fees due for such Phase for each week that the <br /> Project is delayed past 2 months, up to a maximum of 10% (10 weeks). <br /> The parties agree that the fees and credits in this Section are not penalties but instead are good-faith <br /> estimates of the damages associated with delays to each party. In addition, this Section is subject to the <br /> terms of Section 8.3 of the Services Agreement (force majeure). <br /> 5. PROJECT MANAGERS <br /> Each party will appoint and maintain a qualified person as its "Project Manager" under this SOW. Each <br /> Project Manager will be the primary point of contact for this Agreement,will coordinate the party's activities <br /> and responsibilities under this SOW, and will respond promptly when contacted by the other Project <br /> Manager regarding this Agreement. Each party shall notify the other in writing of any replacement of its <br /> Project Manager. The Customer's Project Manager shall have responsibility and authority for: <br /> • Ensuring all Customer responsibilities are completed in a timely manner <br /> • Accepting or rejecting deliverables under the terms of this SOW <br /> • Approving invoices <br /> The Project Managers will meet on at least a weekly basis to review status of the Services and any delays <br /> or other issues under the Project Plan. <br /> For Farragut: <br /> Name: Stephanie Gavilan-O'Neal <br /> Address: 2775 Meridian Pkwy, Durham, NC 27713 <br /> Telephone: 919-595-1814 <br /> Email: Stephanie.GavilanONeal@farragut.com <br /> For Customer: <br /> Name: <br /> Address: <br /> Telephone: <br /> Email: <br /> 6. ACCEPTANCE <br /> Customer shall review each final deliverable("Deliverable")to determine if it is in compliance in all material <br /> respects with the acceptance criteria set forth in the Project Plan. Customer shall provide Farragut in writing <br /> with its acceptance or rejection of each Deliverable within five (5) business days, unless a different time <br /> period is agreed by the parties. The Deliverable will be deemed accepted by Customer if Customer uses <br /> the Deliverable in a live, production setting or if Customer does not notify Farragut of any problems within <br /> the five business day period noted above. <br /> Customer shall provide Farragut with detailed information and specific reasons in the event Customer <br /> -9- <br />