Orange County NC Website
Browse       Search
6 <br /> on behalf of TABLE,or should TABLE fail to perform any of the terms of this Agreement, <br /> then the COUNTY may, at its option, appropriate and apply the security deposit, or so <br /> much thereof as may be necessary, to compensate toward the payment of the usage fees, <br /> charges or other sums due from TABLE,or towards any loss,damage or expense sustained <br /> by the COUNTY resulting from such default on the part of the TABLE, and in such event <br /> TABLE upon demand shall restore the security deposit to the amount set forth above in <br /> this paragraph. Within ninety (90) days of the termination of this Agreement, any unused <br /> portion of said sum shall be returned to TABLE,as appropriate,but only after an inspection <br /> of the Property has been made by the COUNTY after vacation thereof by TABLE, and <br /> application of the deposit as allowed hereunder and by North Carolina law. TABLE shall <br /> not be credited with or entitled to any interest on Security Deposit and the COUNTY shall <br /> have no obligation to segregate or otherwise account for the security deposit except as <br /> provided in this paragraph. <br /> 7. Usage Fee. In consideration for use of the Property, TABLE will pay to the COUNTY <br /> a usage fee, as found in Exhibit C. The first year's installment of the usage fee shall be <br /> payable upon execution of this Agreement. All subsequent installments of the usage fee <br /> shall be paid in advance on or before the first day of the new usage year. Each installment <br /> of usage fee payable to the COUNTY by TABLE shall be paid in lawful money of the <br /> United States, to the following payee, or as the COUNTY may otherwise designate from <br /> time to time by written notice given to TABLE: <br /> Orange County DEAPR <br /> PO Box 8181 <br /> 1020 US 70 West <br /> Hillsborough NC, 27278 <br /> 8. No Agency. Each party to the Agreement shall act as an independent employer and <br /> shall not act as the agent, employee, or servant of the other party. Accordingly, COUNTY <br /> personnel(including employees,interns,volunteers or agents)while engaged in COUNTY <br /> business shall not be considered the employee(s) or agents of TABLE and the employees <br /> of TABLE shall not be considered employees or agents of the COUNTY and neither party <br /> shall enter into any contract or agreement with a third party which purports to obligate or <br /> bind the other party. Specifically, neither party's employees, interns, volunteers or agents <br /> shall be entitled to worker's compensation benefits from the other party as a result of any <br /> duty or obligation to be performed under this Agreement. <br /> 9. Assignment. This Agreement is not assignable. This Agreement contains the entire <br /> understanding of both parties as to the subjects covered herein and shall not be altered, <br /> amended or modified except by an agreement in writing executed by the duly authorized <br /> officials of both parties. <br /> 10. Default/Remedies. <br /> (a) If one or more of the following events (collectively, "Events of Default") <br /> shall occur and shall continue for such time after notice required to be given <br /> is given as hereinafter provided: <br /> i. If TABLE shall fail to pay any rent or any other sum due in accordance with <br /> the terms of this Agreement and such default shall continue for a period of <br /> 4 <br />