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AG 2017 08 21
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AG 2017 08 21
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Last modified
8/24/2017 4:41:15 PM
Creation date
11/27/2017 10:29:54 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/21/2017
Board
Board of Commissioners
Meeting Type
Regular
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is given pursuant to N.C. Gen. Stat. §132-1.8(b) and agrees that such disclosure <br /> is full and sufficient to the satisfaction of the Company. Both parties agree that <br /> this Section will survive the termination of the Agreement. <br /> M. Force Majeure. Any delay in the performance of any of the duties or obligations <br /> of either party (the "Delayed Party") shall not be considered a breach of this <br /> Agreement and the time required for performance shall be extended for a period <br /> equal to the period of such delay, provided that such delay has been caused by or <br /> is the result of any acts of God; acts of the public enemy; insurrections; riots; <br /> embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; <br /> shortages of materials or energy; fires; explosions; floods; changes in laws <br /> governing international trade; or other unforeseeable causes beyond the control <br /> and without the fault or negligence of the Delayed Party. The Delayed Party shall <br /> give prompt notice to the other party of such cause, and shall take whatever <br /> reasonable steps are necessary to relieve the effect of such cause as promptly as <br /> possible. No such event shall excuse the payment of any sums due and payable <br /> hereunder on the due date except any payment due upon the occurrence of any act <br /> or event for which delayed performance is excused as provided above. <br /> N. Severability. If any court of competent jurisdiction holds any provision of this <br /> Agreement invalid or unenforceable, then (a) such holding shall not invalidate or <br /> render unenforceable any other provision of this Agreement, unless such <br /> provision is contingent on the invalidated provision; and (b) the remaining terms <br /> hereof shall, in such event, constitute the parties' entire agreement. <br /> O. Audit Right. The County reserves the right to require a certified audit or may <br /> perform the audit through the use of its staff pertaining to the Company's <br /> compliance with the capital investment condition described in this Agreement <br /> during normal business hours and upon reasonable prior notice. <br /> P. Annual Report. In the event the Company is not part of a public company with its <br /> annual report publicly available on line for review, the Company shall furnish to <br /> the County a copy of its annual audit report performed by a certified public <br /> accountant as soon as it becomes available to the Company, but no later than six <br /> months following the Company's fiscal year end. <br /> (SIGNATURES FOLLOW ON THE NEXT PAGE.) <br /> Pagt,AOOf 4Ot number 3\n <br /> F-8 Page 143 <br />
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