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AG 2015 03 16
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AG 2015 03 16
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3/17/2015 10:55:01 AM
Creation date
11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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going, either party may withdraw from the mediation proceeding without liability therefor in the <br />event such proceeding continues for more than forty -five (45) days from the commencement of <br />such proceeding. For purposes of the preceding sentence, the proceeding will be deemed to have <br />commenced following the completion of the selection of a mediator as provided in Section <br />13.2(b). <br />(f) If any dispute has not been resolved pursuant to the foregoing, either party <br />may terminate this Agreement as provided in Section 12 hereof and /or may file suit in the North <br />Carolina state courts sitting in Cabarrus County to enforce its rights hereunder. <br />(g) The procedure specified in this Section 13.2 shall be the sole and exclu- <br />sive procedures for the resolution of disputes between the parties arising out of or relating to this <br />Agreement; provided, however, that a party, without prejudice to the above procedures, may file <br />a complaint to seek a preliminary injunction or other provisional judicial relief, if in its sole dis- <br />cretion such action is necessary to avoid irreparable damage or to preserve the status quo <br />( "Equitable Litigation'). Despite such action, the parties will continue to participate in good <br />faith in the procedures specified in this Section 13.2. <br />(h) Any interim or appellate relief granted in such Equitable Litigation shall <br />remain in effect until the alternative dispute resolution procedures described in this Section 13.2 <br />concerning the dispute that is the subject of such Equitable Litigation result in a settlement. <br />Such written settlement agreement shall be the final, binding determination on the merits of such <br />dispute, shall supersede and nullify any decision in the Equitable Litigation, and shall preclude <br />any subsequent litigation on such merits (except to enforce the settlement agreement), notwith- <br />standing any determination to the contrary in connection with any Equitable Litigation granting <br />or denying interim relief or any appeal therefrom. <br />(i) All applicable statutes of limitation and defenses based upon the passage <br />of time shall be tolled while the procedures specified in this Section 13.2 are pending. The par- <br />ties will take such action, if any, required to effectuate such tolling. <br />13.3 No Agency, Partnership or Joint Venture <br />SMG is an independent contractor hereunder, and is not intended to be or to act as <br />the agent of the County for purposes of the law of agency. Nothing herein contained is intended <br />or shall be construed in any way to create or establish the relationship of partners or a j oint ven- <br />ture between the County and SMG. None of the officers, agents or employees of SMG shall be <br />or be deemed to be employees or agents of the County for any purpose whatsoever. <br />13.4 Entire Agreement <br />This Agreement contains the entire agreement between the parties with respect to <br />the subject matter hereof and supersedes all prior agreements and understandings with respect <br />thereto. No other agreements, representations, warranties or other matters, whether oral or writ- <br />ten, will be deemed to bind the parties hereto with respect to the subject matter hereof, unless in <br />writing executed by the parties after the date hereof and referring to this Agreement. <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />31 <br />F -1 <br />Attachment number 1 <br />Page 111 <br />
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