2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement

Browse Search

11. EFFECT OF AGREEMENT/ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective permitted successors and assigns; provided, however, that this Agreement may not be assigned by Contractor, nor ma y any of Contractor’s duties hereunder be delegated, without the prior written consent of Recreation Factory Partners dba Orange County Sportsplex. 12. NOTICES. Except as otherwise expressly provided in this Agreement, any and all notices or other communication required or permitted under or pursuant to this Agreement shall be in writing and shall be delivered either by personal delivery or by certified or registered mail, return receipt requested, postage prepaid by United States mail, addressed as follows: Orange County Sportsplex, 101 Meadowlands Drive, Hillsborough, NC 27278 Attention: General Manager Contractor Name: ___________________________________________________________________________________ Contractor Address: _________________________________________________________________________________ _________________________________________________________________________________ All notices shall be deemed delivered either upon actual receipt thereof if personally delivered or, if mailed, on the third day following deposit in the United States mails as provided above. Either party may change the address at which it receives notices by notifying t he other party of such change in the manner provided herein. 13. WAIVER. No course of dealing or delay by either party to this Agreement in exercising any right, power or remedy under this Agreement will operate as a waiver of any right, power or remedy of that party, and no waiver by a party of a breach of any provision of th is Agreement will be considered or constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself. 14. CHOICE OF LAW. The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of North Carolina, without regard to that State’s rules with respect to choice of law. 15. ENTIRE AGREEMENT / MISC. This Agreement expresses and contains the entire agreement and understanding between the parties heret o with respect to the subject matter hereof and supersedes and replaces any and all prior agreements and understandings, either oral or written, with respect to the subject matter hereof. If any covenant, term or provision of this Agreement is deemed to be contrary to law, that covenant, term or provision will be deemed separable from the remaining covenants, terms and provisions of this Agreement and will not affect the validity, interpretation or effect of the remainder of this Agreement. This Agreement may not be modified, altered or amended- except by a written instrument signed by both parties. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement. The parties agree to take such further acts and to execute such further documents that may be necessary or convenient to carry out the intents and purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and have made it effective as of the day and year first above written. CONTRACTOR: Recreation Factory Partners dba Orange County Sportsplex By: _________________________________________ By: ____________________________________________ Name: _______________________________________ Name: _________________________________________ Title: __________________________________________ Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE