AG 2011 08 15 - Laserfiche WebLink

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during that time, the deed of trust and security agreement shall be considered paid in full and shall be released. Notwithstanding the foregoing, once the $350,000.00 amount for the Water and Wastewater Systems construction (as provided in Paragraph 7) is paid whether by the surcharge or a new grant, the time for the Cruse Parties to operate the facility after the Initial Period shall be reduced to ten (10) years and the amortization recalculated accordingly. At any time the Cruse Parties may pay any balance remaining on the deed of trust in lawful funds and obtain a release of the deed of trust and security agreement. No interest shall be charged on this deed of trust /security agreement obligation. 14. Upon prior written approval of the County, the Cruse Parties may borrow money for the construction of improvements or repairs to the Facility. In such event, the parties agree to increase the retail and wholesale prices of meat products processed by the Facility so that such debt may be timely paid. 15. In the event the Facility is unable to generate a profit on normal operations, the County may require the Cruse Parties to adjust the pricing of the products being processed in the Facility. Except as provided in this paragraph and Paragraphs 7 and 14, the Cruse Parties shall be the sole decision - makers on pricing of meat products processed by the Facility. 16. The Cruse Parties shall designate one or more individuals to be certified in any and all operations required by any and all federal, state and local authorities to fully manage and operate the Facility, including but not limited to any water and wastewater certifications required by NCDENR. 17. The County through its designated agents and employees shall be entitled to unlimited access to the Facility and shall be entitled to audit the activities and books and records of the Cruse Parties at the County's expense, in order to monitor the operational and financial activities of the Facility. 18. The Cruse Parties shall indemnify and hold harmless the County and its Board of Commissioners, employees and agents from any and all claims, demands, losses and damages, including but not limited to County's attorneys fees, arising from the management and operation of the Facility. 19. The Cruse Parties shall maintain liability and workers compensation insurance coverage amounts satisfactory to County. The County shall be named as an additional insured on such coverage. 20. The Cruse Individuals shall devote sufficient energy and time to the management and operation of this Facility such that it would be considered full time employment. 21. Default shall be defined as the failure of the Cruse Parties to comply with one or more of their obligations under this Management Agreement. Should the Cruse Parties default in performance of this Management Agreement, the County shall provide written notice of default to the Cruse Parties at the CMP address. The Cruse Parties shall have thirty (30) days from the date of such notice to comply with the provisions of this Management Agreement which caused the default. Should the Cruse Parties fail to comply, the County at its option may terminate this Management Agreement. Should the County terminate this Management Agreement, the County Attachment number 1 G -1 Page 202