Orange County NC Website
<br />6 <br />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 />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 /> <br />11. Termination. This Agreement shall terminate upon the first of the following to occur, <br />(i) 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 <br />terminate this Agreement, but the COUNTY will prorate and reimburse, as necessary, all <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 /> <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 /> <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 /> <br />Docusign Envelope ID: E79A8BDE-1CFC-4438-8134-B9F0C70B7053