My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2016 09 19
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2016
>
AG 2016 09 19
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/20/2016 11:20:23 AM
Creation date
11/27/2017 10:34:58 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/19/2016
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
226
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS <br />ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED <br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <br />Section 9 DELAYS <br />Neither Party will be liable for its non - performance or delayed performance if caused by a Force Majeure. <br />A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the <br />other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a <br />Force Majeure occurs, the Parties will execute a change order to extend the performance schedule for a <br />time period that is reasonable under the circumstances. <br />Section 10 DISPUTES <br />The Parties will use the following procedure to address any dispute arising under this Agreement (a <br />"Dispute "). <br />10.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the <br />laws of the State of North Carolina. <br />10.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice <br />of Dispute ( "Notice of Dispute "). The Parties will attempt to resolve the Dispute promptly through good <br />faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle <br />the Dispute and who are at a higher level of management than the persons with direct responsibility for <br />the matter and 2) direct communication between the executives. If the Dispute has not been resolved <br />within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. <br />10.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice <br />to mediate from either Party ( "Notice of Mediation "). Neither Party may unreasonably withhold consent to <br />the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request <br />that American Arbitration Association nominate a mediator. Each Party will bear its own costs of <br />mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the <br />mediation in good faith and will be represented at the mediation by a business executive with authority to <br />settle the Dispute. <br />10.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days <br />after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent <br />jurisdiction in the State of North Carolina. Each Party irrevocably agrees to submit to the exclusive <br />jurisdiction of the courts in such state over any claim or matter arising under or in connection with this <br />Agreement. <br />10.5. CONFIDENTIALITY. All communications pursuant to subsections 10.2 and 10.3 will be treated <br />as compromise and settlement negotiations for purposes of applicable rules of evidence and any <br />additional confidentiality protections provided by applicable law. The use of these Dispute resolution <br />procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the <br />rights of either Party. <br />Section 11 DEFAULT AND TERMINATION <br />If either Party fails to perform a material obligation under this Agreement, the other Party may consider <br />the non - performing Party to be in default (unless a Force Majeure causes the failure) and may assert a <br />default claim by giving the non - performing Party a written and detailed notice of the default. Except for a <br />default by Customer for failing to pay any amount when due under this Agreement which must be cured <br />immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either <br />cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The <br />defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other <br />Motorola Apttus /Contract No. Page 5 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 134 <br />
The URL can be used to link to this page
Your browser does not support the video tag.