AG 2002 11 18 (Regular) - Laserfiche WebLink

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any of the covenants or duties imposed upon it by this Agreement, such willful violation shall entitle the other party to terminate this Agreement for cause. The party desiring to terminate for such cause shall give the offending party at least thirty (30) days prior written notice to remedy the violation. If, at the end of such time, the party notified has not removed the cause of complaint or remedied the purported violation, then this Agreement shall be deemed terminated. 4. Payments Upon Termination. In the event of'any termination, the County shall pay the agreed rate only for services delivered up to the date of termination and the County has no obligation to pay Franchisee for services rendered or to be rendered after the effective date of termination, of any kind, after the date of termination. Franchisee shall deliver all Vehicle records, equipment and materials to the County within ten days of the effective date of termination. This requirement specifically includes electronic files pertaining to the System's passengers, routes, billing history, and eligibility status - as such data is recognized by the parties hereto as always remaining County property. Franchisee shall promptly pay the County as of the date of termination, for any sums owed the County pursuant to the terms of this Agreement. 5. Notices. All written communications under this Agreement shall be mailed, delivered, or sent by facsimile with following confirmation to the County and the Franchisee at the addresses noted above. Either the County or Franchisee may change its address of record for receipt of official notice by giving the other prior written notice of such change and any necessary mailing instructions. 6. Amendments. Amendments or changes to this Agreement shall be submitted in writing and will become a part of this Agreement when agreed upon by both parties and adopted by the County in the manner required of the County and any applicable County Ordinance. 7. Entire Agreement; Successors and Assigns. All Agreement documents are incorporated herein by reference and made a part thereof. This Agreement and all attendant -documentation referred to herein constitute the entire agreement between the parties. This Agreement may not be assigned by either party ( including to a successor in interest by merger or acquisition) without the prior written consent of the other party. 8. Governing Law. This Agreement is governed by and subject to the laws of the State of North Carolina In the event of dispute hereunder, the parties agree to the exclusive jurisdiction of the Courts of Cabarrus County, North Carolina for resolution of such disputes. ACKNOWLEDGEMENT: As signatories to this Agreement, the County and FRANCHISEE do mutually agree to abide by the terms of this Agreement, and do hereby execute this Agreement as of the date first above given.