Orange County NC Website
Browse       Search
Article IV. Breach and Termination. <br />Section. 4.1. Termination for Cause. Guilford County may terminate this Agreement for cause after three <br />(3) days written notice. Cause may include lack of funds, fraud, lack of compliance with applicable rules, laws <br />and regulations, failuretoperform on time,orfailuretocomplywithany ofthe requirements ofthis Agreement <br />and shall be determined in Guilford County’s sole discretion. <br />Section. 4.2. Termination by Mutual Agreement. Guilford County and County may agree to <br />terminate this Agreement for their mutual convenience through a written amendment to this Agreement. The <br />Termination will state the effective date of the termination and the procedures for proper closeout of the <br />Agreement. <br />Section 7.4. Breach. If, through any cause, County shall fail to fulfill its obligations under <br />this Agreement in a timely and/or proper manner ("breach"), either in whole or in part, and such breach has <br />continued for a period of more than thirty (30) days after Guilford County has notified County of <br />such breach, in addition to the right to terminate the Agreement upon notice to County, <br />Guilford County shall have all legal, equitable, and administrative rights available under applicable law. The <br />filing of a petition for bankruptcy by County shall constitute an act of breach under this <br />Agreement. This section shall not limit any other rights or remedies provided to Guilford County under this <br />Agreement or available to Guilford County under applicable law. <br />Article V. General Conditions. <br />Section. 5.1. Indemnification. To the extent permitted by law, County agrees to indemnify and hold <br />harmless Guilford County, and each of its officers, agents and employees, from any claims of third parties <br />arising out of any act or omission o in connection with the performance of this Agreement <br />(including, without limitation, attorney’s fees and other costs of defense with respect to such claims). This <br />provision shall survive the expiration or termination of this Agreement. Guilford County shall have all legal, <br />equitable, and administrative rights available under applicable law. <br />Section 5.2. Amendments. The terms of this Agreement may only be modified or revised with a written <br />Contract executed by both Parties. <br />Section 5.3. Notices. All notices pursuant to this Agreement shall be in writing and delivered personally or <br />mailed by certified mail, registered mail, postage prepaid, with return receipt requested, at the addresses <br />appearing below, but each Party may change such address by written notice in accordance with this paragraph. <br />Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed <br />communicated as of three (3) days after mailing. <br />Victor Isler, Assistant Guilford County Manager <br />GUILFORD COUNTY <br />P.O. Box 3427 (zip code 27402) <br />301 West Market Street <br />Greensboro, NC 27401