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<br />XII. AGENCY AND AUTHORITY <br />The COUNTY hereby designates Cathy Cole, GIS Manager. as its exclusive agent (Director) with. <br />respect to this Agreement. The Director is authorized, on behalf of the COUNTY, to negotiate <br />directly with the CONTRACTOR on all matters pertaining to this Agreement. All of the <br />CONTRACTOR's dealings with the COUNTY relative to this Agreement shall be exclusively with <br />the same Director. Further, the CONTRACTOR specifically agrees that it shall not implement any <br />requested modifications in the specifications of any of the services subject to this Agreement except <br />pursuant to paragraph IX, <br /> <br />XIII. REMEDIES <br />If either party shall materially breach any performance hereunder, it shall constitute by law and for <br />all costs and expenses,. to include attorney fees, incurred by the other party on account of such <br />default, except as otherwise provided herein. Waiver by either party of any breach of the others <br />obligation shall not be deemed a waiver of any other or subsequent breach of the same obligation. <br />No right or remedy of any party is exclusive of any other right or remedy provided or permitted by <br />law or equity, but each shall be cumulative of every other right or remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute or otherwise and may be enforced concurrently <br />or from time to time, <br /> <br />XIV, APPLICABLE LAW <br />This Agreement shall be governed by the internal laws of the State of North Carolina without regard <br />to the conflict oflaws provisions thereof and the parties mutually agree that the courts of the State <br />of North Carolina shall have exclusive jurisdiction of any claim arising here under, <br /> <br />xv, . NOTICES <br />Any notices to be given by either party to the other under this Agreement shall be in writing and <br />shall be deemed to have been sufficiently given if delivered by hand, with written acknowledgement <br />of receipt, or mailed by certified mail to the other party at the following address or to such other <br />address as either party hereafter may designate in writing to the other party for the receipt of notice: <br /> <br />CONTRACTOR: <br />EarthData International <br />Jeff Leonard <br />President <br />7320 Executive Way <br />Frederick, MD 21704 <br />Phone: (301) 948-8550 <br />Fax: (301) 963-2064 <br />Email: jleonard@earthdata.com <br /> <br />COUNTY: <br /> <br />CABARRUS <br /> <br />Name: <br /> <br />Cathy Cole <br /> <br />Title: <br /> <br />GIS Manager <br /> <br />Address: PO Box 707: 65 Church Street. SE <br /> <br />City, State & Zip: Concord. NC 28026.,0707 <br /> <br />Robert Ryan <br />Proj ect Manager <br />1912 Eastchester Drive, Suite 111 <br />High Point, NC 27265 <br />Phone: (336) 812-9121 <br />Fax: (301) 812-9018 <br />Email: rryan@earthdata.com <br /> <br />Fax: <br /> <br />(704) 920-2837 <br />(704) 920-2146 <br /> <br />Phone: <br /> <br />Email: <br /> <br />ccole(CL\cabalTllSCounty. us <br /> <br />i- <br />ll'" <br /> <br />Page 8 001 <br />F --J'1 <br />