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<br />sent by first class mail, postage prepaid, to the applicable party at the
<br />above address.
<br /> 9.2 Default of Contract Should LLC abandon or delay the performance
<br />of, or in any manner refuse or fail to comply with any of the terms or
<br />conditions of this Agreement or neglect or refuse to comply with the
<br />instructions of the County relative thereto, the County shall notify LLC, in
<br />writing, of such abandonment, delay, refusal, failure, or neglect and direct
<br />LLC to comply with all provisions of the Agreement. Copies of such written
<br />notice shall be mailed to the surety that issued the performance and payment
<br />bonds, and also presented to the Board of County Commissioners for action.
<br />The Board of County Commissioners shall hear the matter at an open session
<br />within ten (10) days after receipt of written notice from the County and
<br />shall make a determination within seven (7) days after the hearing by the
<br />Board of County Commissioners whether or not the action in question is a
<br />breach of the terms of this Contract. LLC agrees to be present at such
<br />hearing and show cause why it has abandoned, delayed, refused, failed or
<br />neglected to comply with the terms of the Agreement.
<br /> Should LLC fail to appear or fail to show cause why it had abandoned,
<br />delayed, refused, failed or neglected to comply with the terms of the
<br />Agreement satisfactory to the Board of County Commissioners, such Board may
<br />declare a default of the Agreement and notify LLC and the surety that issued
<br />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
<br />advisable.
<br /> Upon receipt by LLC of such declaration of default, LLC agrees upon
<br />request of the County that it will discontinue the work contracted for
<br />herein.
<br /> However, in the event LLC shall appoint or have appointed a Trustee,
<br />become insolvent or become unable to pay its debts as they become due, file
<br />or have filed against it bankruptcy proceedings, call (or have called) a
<br />meeting of its creditors, then this Agreement shall be deemed in default
<br />immediately upon such occurrence and the County, at its sole option, shall be
<br />entitled to any rights and remedies available to it under law or equity.
<br /> 9.3 Transfer of Ownership - This Agreement shall not be assigned or
<br />transferred by LLC nor (solely at the option of the County) shall this
<br />Agreement continue if a controlling interest in LLC is sold without the prior
<br />written consent of the Board of County Commissioners, which consent if given
<br />shall be evidenced by a resolution of the Board.
<br /> 9.4 Compliance Equal Opportunity Act During the performance under
<br />the terms of this Agreement, LLC must at all times be in compliance with
<br />Title VII of the 1964 Civil Rights Act and the Equal Opportunity Act in 1972
<br />or any successors to such Acts in that LLC shall not on the grounds of race,
<br />color, national origin, or sex, discriminate in any form or manner against
<br />the franchisee's employees. LLC, in accepting this Agreement, shall by
<br />acceptance be deemed to have given assurance to Cabarrus County that this
<br />said franchise as granted by Cabarrus County is conditioned upon the veracity
<br />of such assurance.
<br /> 9.5 Bond and Insurance
<br /> Performance and Payment Bonds- LLC will execute the performance and
<br />payment Bonds included herein as security for the faithful performance and
<br />payment of all its obligations under this Agreement. This bond shall
<br />initially be in the amount of $100,000 in such form and with such sureties as
<br />are acceptable to the County. The required amount of the bond may be changed
<br />at the County's discretion. Prior to execution of the Agreement, the County
<br />may require LLC to furnish such other Bonds, in such form and with such
<br />sureties as the County may require.
<br /> LLC's Liability Insurance - LLC will purchase and maintain such
<br />insurance as will protect it from claims under workmen's compensation laws,
<br />disability benefit laws or other similar employee benefit laws; from claims
<br />for damages because of bodily injury, occupational sickness or disease, or
<br />death of its employees including claims insured by usual personal injury
<br />liability coverage; from claims for damages because of bodily injury,
<br />sickness or disease, or death of any person other than its employees, from
<br />claims for injury to or destruction of tangible property including loss of
<br />use resulting therefrom -- any or all of which may arise out of, be
<br />attributable to, or result from the LLC's operations under the Agreement,
<br />whether such operations be by LLC or by any subcontractor, agent or anyone
<br />directly or indirectly employed by any of them or for whose acts many of them
<br />may be legally liable. This insurance shall be written for not less than any
<br />limits of liability specified herein or required by law, whichever is
<br />greater, and shall include contractual liability insurance. Before starting
<br />the work, LLC will file with the County certificates of such insurance,
<br />acceptable to the County. These certificates shall contain a provision that
<br />the coverage afforded under the policies will not be canceled or materially
<br />changed until at least thirty days prior written notice has been given to the
<br />County.
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