Orange County NC Website
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 /> i <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 /> 1 <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 />