OTHER-2026-006-Approval of the School Construction Interlocal Agreement

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law each party promises to reimburse a non -defaulting party for all reasonable legal and other fees and costs incurred in any successful collection or enforcement action . 8 . 04 In the event of a dispute between the parties concerning the terms or performance of this Agreement , the parties will take the following steps prior to commencing any proceeding before a court or administrative body : ( i ) Any party noting a dispute under this Agreement will notify the other party of the nature of the dispute and the first party' s proposed resolution . Within ten days after the effective date of the notice , the other party must respond in writing as to its view of the dispute and its position on the proposed resolution . ( ii ) After the first step and upon notice from any party , the parties will promptly hold a meeting attended by representatives with appropriate authority to resolve the dispute . At this meeting , the parties will attempt in good faith to negotiate a resolution of the dispute . ( iii ) If the dispute remains unsettled by negotiation , the parties will engage the services of a professional mediator agreed upon by the parties . The parties will then attempt in good faith to resolve the dispute through mediation in accordance with the North Carolina Rules For Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions . Each party will each pay one -half of the mediator' s fees and expenses and each party will pay all its own legal fees and other expenses related to the mediation . Each party must be represented at the mediation by a representative with appropriate authority to resolve the matters in dispute . Only after mediation may a party initiate legal or administrative proceedings . 8 . 05 Each party will bear its own costs of the fees and expenses of its counsel , except to the extent specified herein , and consultants , and of the studies or surveys required under this Agreement or that it otherwise commissions or obtains for its use under this Agreement or in relation to any Project . The County may utilize bond revenues to pay for such costs incurred on its behalf to the fullest extent permitted by law . 8 . 06 No officer, agent , or employee of the County or the School Districts will be subject to any personal liability or accountability because of the execution of this Agreement , or any other documents related to the transactions contemplated by this Agreement . Those officers , agents or employees will be deemed to execute such documents in their official capacities only , and not in their individual capacities . This provision does not relieve any officer, agent or employee from the performance of any official duty provided by law . IN WITNESS WHEREOF , ORANGE COUNTY, ORANGE COUNTY SCHOOLS , CHAPEL HILL- CARRBORO CITY SCHOOLS through their authorized officers and by their own hands have hereunto set forth their hands and seals of the day and year first above written . The Chapel Hill Carrboro City Schools Board of Education