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AGREEMENT
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<br /> This Agreement is made and entered into this 15th day of June, 1999, by and
<br />between The County of Cabarrus, North Carolina, hereinafter referred to as the "County"
<br />and Cott Systems, Inc., whose principal office in North Carolina is 212 North McDowell
<br />Street, Suite 212, Charlotte, Nodh Carolina 28204, hereinafter referred to as "the
<br />Contractor". This contract supercedes and amends in its entirety the contract (including
<br />all exhibits and attachments thereto) entered into by and between Cabarrus County and
<br />Cott Systems on March 15, 1999.
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<br />Recitals
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<br /> WHEREAS, the County desires to engage the Contractor to render certain
<br />professional services and deliver certain materials and equipment hereinafter described;
<br />and
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<br /> WHEREAS, the Contractor represents that it is quaIified, willing and able to provide
<br />the professional services and deliver the requested materials and equipment to the County
<br />according to the terms of this Agreement,
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<br /> NOW, THEREFORE, in consideration of the mutual promises and covenants
<br />contained herein, the parties hereto agree as follows:
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<br /> 1. Scope of Aqreement. It is the intention of both parties to incorporate all of
<br />the following documents into this Agreement to cover a project involving tax billing,
<br />collection, appraisal, motor vehicle, and business personal software, software installation,
<br />data conversion, hardware acquisition and overall implementation of an automated system
<br />in Cabarrus County, hereinafter referred to as the "Project". Specifically, Attachment A
<br />hereinafter "Hardware/Software Specifications", Attachment B, hereinafter "User Software
<br />License Agreement", and Attachment C, hereinafter "Source Code Escrow Agreement" are
<br />incorporated herein and made apart hereof. In the event of any discrepancy in the RFB,
<br />the Proposal, and this Agreement, this Agreement shall control, followed by the RFB and
<br />then the Proposal.
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<br /> 2. The Work Proiect. The Contractor agrees to install a tax billing, collection,
<br />appraisal, motor vehicle, and business personal software package in full compliance with
<br />North Carolina General Statute, Chapter 105, Articles 11-35A, of the Machinery Act of
<br />North Carolina and in accordance with the RFB, the Proposal, and the Hardware/Software
<br />Specifications, hereinafter the "System".
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<br /> 3. Price. The total price to be paid by the County to the Contractor for the
<br />Project is $287,786 except for the ongoing license fee specified in the End User Software
<br />License Agreement (Attachment B) and ongoing maintenance fees as specified on
<br />Attachment A, all to be paid as set forth herein. It is understood that such total price above
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