2025-229-DEAPR-TABLE-Access to County Property for planting crops for children of Orange County

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4 on behalf of TABLE, or should TABLE fail to perform any of the terms of this Agreement, then the COUNTY may, at its option, appropriate and apply the security deposit, or so much thereof as may be necessary, to compensate toward the payment of the usage fees, charges or other sums due from TABLE, or towards any loss, damage or expense sustained by the COUNTY resulting from such default on the part of the TABLE, and in such event TABLE upon demand shall restore the security deposit to the amount set forth above in this paragraph. Within ninety (90) days of the termination of this Agreement, any unused portion of said sum shall be returned to TABLE, as appropriate, but only after an inspection of the Property has been made by the COUNTY after vacation thereof by TABLE, and application of the deposit as allowed hereunder and by North Carolina law. TABLE shall not be credited with or entitled to any interest on Security Deposit and the COUNTY shall have no obligation to segregate or otherwise account for the security deposit except as provided in this paragraph. 7. Usage Fee. In consideration for use of the Property, TABLE will pay to the COUNTY a usage fee, as found in Exhibit C. The first year’s installment of the usage fee shall be payable upon execution of this Agreement. All subsequent installments of the usage fee shall be paid in advance on or before the first day of the new usage year. Each installment of usage fee payable to the COUNTY by TABLE shall be paid in lawful money of the United States, to the following payee, or as the COUNTY may otherwise designate from time to time by written notice given to TABLE: Orange County DEAPR PO Box 8181 1020 US 70 West Hillsborough NC, 27278 8. No Agency. Each party to the Agreement shall act as an independent employer and shall not act as the agent, employee, or servant of the other party. Accordingly, COUNTY personnel (including employees, interns, volunteers or agents) while engaged in COUNTY business shall not be considered the employee(s) or agents of TABLE and the employees of TABLE shall not be considered employees or agents of the COUNTY and neither party shall enter into any contract or agreement with a third party which purports to obligate or bind the other party. Specifically, neither party’s employees, interns, volunteers or agents shall be entitled to worker’s compensation benefits from the other party as a result of any duty or obligation to be performed under this Agreement. 9. Assignment. This Agreement is not assignable. This Agreement contains the entire understanding of both parties as to the subjects covered herein and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 10. Default/Remedies. (a) If one or more of the following events (collectively, “Events of Default”) shall occur and shall continue for such time after notice required to be given is given as hereinafter provided: i. If TABLE shall fail to pay any rent or any other sum due in accordance with the terms of this Agreement and such default shall continue for a period of Docusign Envelope ID: E79A8BDE-1CFC-4438-8134-B9F0C70B7053