AG 2002 05 20 (Regular) - Laserfiche WebLink

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5.1.1 Events of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) Tf a warranty, representation or statement made or furnished by Developer to Cabarrus County is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by Cabarrus County following a periodic review that upon the basis of substantial evidence the Developer has not complied in good faith with one or more of the terms or conditions of this Agreement. (3) Any other 'event, condition,, act or omission which materially interferes with the intent and objectives of this Agreement. 5.:[.2 Procedure upon Default. (:L) Upon the occurrence of default, County shall give Developer (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, Cabarrus County may terminate or amend this Agreement in accordance with the procedure adopted by Cabarrus County. Failure or delay in giving notice of default shall not constitute a waiver of any default, nor shall it change the time of default. (2) Cabarrus County does not waive any claim of defect in performance by Developer, if on Periodic review Cabarrus County does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (4) An express repudiation, refusal or renunciation of the contract, if the same is in writing and signed by the Developer, shall be sufficient to terminate this 9