Orange County NC Website
Property , and the cost of any repairs to the Property which are necessary or <br /> proper to prepare the same for re-licensing . In addition thereto , the <br /> COUNTY may have and recover from TABLE an amount equal to the total <br /> amount of all fees to be paid by TABLE for the remainder of the Term of <br /> this Agreement . <br /> vii . In the event of any re - entry of the Property by the COUNTY pursuant to <br /> any of the provisions of this Agreement, TABLE hereby waives all claims <br /> for damages which may be caused by such-re- entry by the COUNTY and <br /> waives all rights to any crops which may have been planted, except such <br /> claims as arise from the gross negligence or willful misconduct of the <br /> COUNTY ; and TABLE shall hold the COUNTY harmless from any loss , <br /> costs (including legal expenses and reasonable attorneys ' fees) or damages <br /> suffered by the COUNTY by reason of such re - entry and storage of <br /> TABLE ' s property , if any . No such re- entry shall be considered or <br /> construed to be a forcible entry . <br /> viii . Upon any breach of this Agreement, regardless of whether such breach is , <br /> or becomes , an Event of Default, the COUNTY shall be reimbursed for any <br /> and all reasonable expenses incurred by the COUNTY, including legal <br /> expenses and reasonable attorneys ' fees , in enforcement of the terms and <br /> provisions of this Agreement if the COUNTY is the prevailing party . <br /> ix . The exercise by the COUNTY of any one or more of the remedies provided <br /> in this Agreement shall not prevent the subsequent exercise by the <br /> I <br /> COUNTY of any one or more of the other remedies herein provided . All <br /> remedies provided for in this Agreement are cumulative and may , at the <br /> election of the COUNTY , be exercised alternatively , successively , or in any <br /> other manner and are in addition to any other rights provided by law . <br /> 11 . Termination . This Agreement shall terminate upon the first of the following to occur, <br /> (1) the expiration of the Use Period, (ii) upon the end of the calendar year in which written <br /> notice of termination is given by either party to the other at any time during Use Period , or <br /> (iii) upon TABLE ' s Default of this Agreement and the COUNTY ' s written notice of <br /> immediate termination under Section 11 of this Agreement . In addition, if the COUNTY <br /> terminates its License with TABLE due to default by TABLE and the COUNTY reenters <br /> and retakes possession of the Property , such termination of the License shall operate to I <br /> terminate this Agreement , but the COUNTY will prorate and reimburse , as necessary , all j <br /> usage fees and other payments the for periods extending beyond the termination of the <br /> License . TABLE however shall still owe the COUNTY for any outstanding payments or <br /> fees due for periods through and including the day of termination of this Agreement . <br /> 12 . Inspection . The COUNTY at all times shall have the right to inspect and enter the <br /> Property . The COUNTY, its officers , employees and agents may enter the Farm at any <br /> reasonable time as long as it does not damage any of TABLE ' s crops or hinder TABLE ' s <br /> use of the Property . <br /> 13 . Governing Law. The laws of North Carolina shall govern the validity and <br /> interpretation of the provisions , terms and conditions of the Agreement . <br /> 6 <br />