AG 1999 06 21 - Laserfiche WebLink

Home Browse Search

(B) NuCare has examined all of the provisions of this Resolution and Franchise Agreement and the Ordinance and waives by claim that any provision hereof is unreasonable, arbitrary or void. (C) NuCare recognizes the fight of the County to make amendments to the Ordinance or this Resolution and Franchise Agreement during the term of the franchise granted by this Resolution and Franchise Agreement, provided that no such change shall compromise NuCare's ability to perform satisfactorily its obligations or obtain the benefit of its fights under the Ordinance or this Resolution and Franchise Agreement. NuCare further recognizes and agrees that the County shall in no way be bound to renew the franchise at the end of the franchise tenn. (D) NuCare acknowledges that its rights hereunder are subject to the police power of the County to adopt and enfome general ordinances necessary to the safety and welfare of the public; and NuCare agrees to comply with all applicable general laws enacted by the County pursuant to such power. 9. All notices and other communications hereunder shall be in writing and shall be (1) hand delivered with delivery acknowledged by written receipt, or (2) mailed, first class, registered or certified mail, return receipt requested, postage prepaid to the following addresses: If to the County: If to NuCare: County Manager Cabarrus County P.O. Box 707 Concord, NC 28026-0707 Operations Manager NuCare Carolina, Inc. P.O. Box 18895 Charlotte, NC 28218 All such notices and other communications shall be deemed to have been delivered on the date of the actual delivery. Any party to this instrument may change the address to which all communications and notices may be sent by addressing notices of such change in the manner provided hereunder. 10. Any and all ordinances or applicable parts of ordinances, or other similar regulations, promulgated by County which conflict with the provisions of the Ordinance or this Resolution and Franchise Agreement, are hereby repealed. 1 I. If any section, subsection, sentence, clause or phrase of this Resolution and Franchise Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The County hereby declares that it would have passed this Resolution and Franchise Agreement, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this Resolution and Franchise Agreement shall not abate, reduce or otherwise affect any consideration or other obligation required of NuCare. 12. This Resolution and Franchise Agreement is hereby declared to be a measure in the interest of public peace, health, welfare and safety. When this Resolution and Franchise Agreement, together with those instruments incorporated herein by reference, are accepted by NuCare as provided herein, this Resolution and Franchise Agreement shall constitute the franchise agreement referred to in the Ordinance. ADOPTED THIS __ DAY OF ,1999. ATTEST: .(SEAL) Clerk, Board of Commissioners Cabarms County, North Carolina Chairman of the Board of Commissioners Cabarrus County, North Carolina