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11. Implementation - Transition of all Services subject to this Agreement <br />from the Kannapolis Board to the Depa,tment shall take place as soon as possible, but not <br />later than August 1, 1999. For Fiscal Year 1999-2000, the Department will perform the <br />Services described in the budgets of both the Boards. Existing contracts for School <br />Facilities grounds Services executed by the County will be amended to pertain only to <br />School Facilities and will be assigned to the Depa~hnent as of July 1, 1999, or new <br />contracts (with the same terms) with the third parties pertaining to grounds maintenance <br />of School Facilities will be executed. <br /> <br /> 12. Termination - This Agreement may be terminated during the Initial Terat <br />by any Party only for cause, which shall mean: (i) if any Party fails to fulfill any of its <br />material and substantial obligations under this Agreement, and (ii) such failure causes <br />irreparable hm'm to a non-defaulting party; and (iii) the defaulting party fails to make <br />reasonable efforts to remedy its default after receipt of written notice of such default and <br />reasonable time for cure of the default is allowed. After the Initial Term, this Agreement <br />may be terminated without cause by any Party by providing written notice of termination <br />as of June 30 of any year, provided such written notice is delivered to the remaining <br />Parties at least twelve months in advance. <br /> <br /> 13. Severability - If any portion of this Agreement is held invalid, illegal or <br />unenforceable, such determination shall not impair the enforceability of the remaining <br />terms and provisions contained herein, provided the purposes, intent and objects of this <br />Agreement may be attained and achieved through the enforcement of such remaining <br />teims and provisions. <br /> <br /> 14. Governing Law - This Agreement shall be governed by the law of North <br />Carolina. <br /> <br /> 15. Miscellaneous/Entire Agreement/Paragraph Headings - This Agree- <br />ment sets forth the entire understanding between the Parties and supercedes all previous <br />agreements, arrangements and understandings among the Parties pertaining to the subject <br />matter hereof, whether written or oral, and may not be amended except in writing signed <br />by all Parties. This Agreement is intended to be binding upon and for the benefit of only <br />the Parties and no term or condition hereof is intended to benefit, nor may any term or <br />condition hereof be enforced by any other party. Paragraph headings are for convenience <br />only and shall not be deemed a controlling part of this Agreement. <br /> <br /> 16. Execution - The signatures of the Chah-man of the Kannapolis Board, the <br />Cabarms Board and the Chairman of the Cabarrus County Board of Commissioners <br />constitutes approval of each Party. Resolutions of each Party ratifying this Agreement are <br />attached to this Agreement. <br /> <br /> <br />