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AG 2011 08 15
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AG 2011 08 15
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Last modified
8/16/2011 9:32:21 AM
Creation date
11/27/2017 11:16:35 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/15/2011
Board
Board of Commissioners
Meeting Type
Regular
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is required by North Carolina law to disclose "Public Records" as the term is <br />defined by North Carolina General Statutes § 132 -1, upon request. All <br />information disclosed to the County by the Company which is subject to that <br />definition and whose disclosure is not otherwise protected by law will be <br />released by the County upon request as provided by North Carolina General <br />Statutes § 132 -6. The County may withhold from disclosure confidential <br />records as defined by North Carolina General Statutes § 132 -1.2. The <br />Company acknowledges that it has read and is familiar with the County's <br />obligations of public disclosure of documents and the definitions of <br />confidential documents as contained in Chapter 132 of the North Carolina <br />General Statutes. In order to prevent the disclosure of the confidentiality of <br />information identified by the Company as a trade secret or as "confidential" <br />pursuant to North Carolina General Statutes § 132.1.2 the County shall, if it <br />receives a request for disclosure of such information, notify the Company of such <br />request so that the Company may defend any claims or disputes arising from <br />efforts of others to cause such trade secrets to be disclosed as a public record. The <br />Company acknowledges that this disclosure of the County's public records <br />requirements is given pursuant to North Carolina General Statutes § 132 - <br />1.8(b) and agrees that such disclosure is full and sufficient to the satisfaction of <br />the Company. Both parties agree that this Section will survive the termination of <br />the Agreement. <br />M. Force Maieure Any delay in the performance of any of the duties or obligations <br />of either party hereunder (the "Delayed Party ") shall not be considered a breach <br />of this Agreement and the time required for performance shall be extended for a <br />period equal to the period of such delay, provided that such delay has been caused <br />by or is the result of any acts of God; acts of the public enemy; insurrections; <br />riots; embargoes; labor disputes, including strikes, lockouts, job actions, or <br />boycotts; shortages of materials or energy; fires; explosions; floods; changes in <br />laws governing international trade; or other unforeseeable causes beyond the <br />control and without the fault or negligence of the Delayed Party. The Delayed <br />Party shall give prompt notice to the other party of such cause, and shall take <br />whatever reasonable steps are necessary to relieve the effect of such cause as <br />promptly as possible. No such event shall excuse the payment of any sums due <br />and payable hereunder on the due date thereof except any payment due upon the <br />occurrence of any act or event for which delayed performance is excused as <br />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 />Page 11 of 15 <br />Attachment number 1 <br />G -2 Page 225 <br />
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