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AG 1999 06 21
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AG 1999 06 21
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Last modified
3/25/2002 6:00:16 PM
Creation date
11/27/2017 11:49:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/21/1999
Board
Board of Commissioners
Meeting Type
Regular
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SECTION 9 ~ SPECIAL CONDITIONS <br /> <br /> 9.1 Representatives and Notices - The authorized representative of the County for <br />purposes of this Agreement shall be: <br /> <br />County Manager <br />Cabarrus County <br />65 Church Street, SE <br />Post Office Box 707 <br />Concord, NC 28026-0707 <br /> <br />The authorized representative of LLC for purposes of this Agreement shall be: <br /> <br />Larry Griffin, Sr. <br />Griffin Brothers Companies <br />15300 Holbrooks Road <br />Huntersville, NC 28078 <br /> <br /> Either party may change its representative upon five days prior written notice to the other <br />party. All notices required under this Agreement must be sent by first class mail, postage <br />prepaid, to the applicable party at the above address. <br /> <br /> 9.2 Default of Contract - Should LLC abandon or delay the performance of, or in <br />any manner refuse or fail to comply with any of the terms or conditions of this Agreement or <br />neglect or refuse to comply with the instructions of the County relative thereto, the County shall <br />notify LLC, in writing, of such abandonment, delay, refusal, failure, or neglect and direct LLC to <br />comply with all provisions of the Agreement. Copies of such written notice shall be mailed to <br />the surety that issued the performance and payment bonds, and also presented to the Board of <br />County Commissioners for action. The Board of County Commissioners shall hear the matter at <br />an open session within ten (10) days after receipt of written notice from the County and shall <br />make a determination within seven (7) days after the hearing by the Board of County <br />Commissioners whether or not the action in question is a breach of the terms of this Contract. <br />LLC agrees to be present at such hearing and show cause why it has abandoned, delayed, <br />refused, failed or neglected to comply with the terms of the Agreement. <br /> <br /> Should LLC fail to appear or fail to show cause why it had abandoned, delayed, refused, <br />failed or neglected to comply with the terms of the Agreement satisfactory to the Board of <br />County Commissioners, such Board may declare a default of the Agreement and notify LLC and <br />the surety that issued the performance and payment bond of such declaration of default, and the <br />Board of County Commissioners may take such other actions it may deem advisable. <br /> <br /> Upon receipt by LLC of such declaration of default, LLC agrees upon request of the <br />County that it will discontinue the work contracted for herein. <br /> <br /> However, in the event LLC shall appoint or have appointed a Trustee, become insolvent <br />or become unable to pay its debts as they become due, file or have filed against it bankruptcy <br /> <br /> <br />
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