Orange County NC Website
Browse       Search
18 <br /> 8.04 In the event of a dispute between the parties concerning the terms or performance of this <br /> Agreement, the parties will take the following steps prior to commencing any proceeding before <br /> a court or administrative body: <br /> (i) Any party noting a dispute under this Agreement will notify the other party of the <br /> nature of the dispute and the first party's proposed resolution. Within ten days after the <br /> effective date of the notice, the other party must respond in writing as to its view of the <br /> dispute and its position on the proposed resolution. <br /> (ii) After the first step and upon notice from any party, the parties will promptly hold a <br /> meeting attended by representatives with appropriate authority to resolve the dispute. At <br /> this meeting, the parties will attempt in good faith to negotiate a resolution of the dispute. <br /> (iii) If the dispute remains unsettled by negotiation, the parties will engage the services of <br /> a professional mediator agreed upon by the parties. The parties will then attempt in good <br /> faith to resolve the dispute through mediation in accordance with the North Carolina Rules <br /> For Mediated Settlement Conferences and Other Settlement Procedures in Superior Court <br /> Civil Actions. Each party will each pay one-half of the mediator's fees and expenses and <br /> each party will pay all its own legal fees and other expenses related to the mediation. Each <br /> party must be represented at the mediation by a representative with appropriate authority <br /> to resolve the matters in dispute. Only after mediation may a party initiate legal or <br /> administrative proceedings. <br /> 8.05 Each party will bear its own costs of the fees and expenses of its counsel, except to the <br /> extent specified herein, and consultants, and of the studies or surveys required under this <br /> Agreement or that it otherwise commissions or obtains for its use under this Agreement or in <br /> relation to any Project. The County may utilize bond revenues to pay for such costs incurred on <br /> its behalf to the fullest extent permitted by law. <br /> 8.06 No officer, agent, or employee of the County or the School Districts will be subject to any <br /> personal liability or accountability because of the execution of this Agreement, or any other <br /> documents related to the transactions contemplated by this Agreement. Those officers, agents or <br /> employees will be deemed to execute such documents in their official capacities only, and not in <br /> their individual capacities. This provision does not relieve any officer, agent or employee from the <br /> performance of any official duty provided by law. <br /> IN WITNESS WHEREOF, ORANGE COUNTY, ORANGE COUNTY SCHOOLS, CHAPEL HILL- <br /> CARRBORO CITY SCHOOLS through their authorized officers and by their own hands have <br /> hereunto set forth their hands and seals of the day and year first above written. <br /> The Chapel Hill Carrboro City Schools Board of Education <br /> By: <br /> Chair <br />