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613 <br /> <br />acknowledges that any failure to do so will be grounds for <br />termination of the rights hereby granted in accordance with the <br />provisions of the Ordinance. <br /> 4. The effective date of this Resolution and Franchise <br />Agreement shall be the date of its final adoption and said date <br />shall be utilized for the commencement of the timetable for <br />construction contained in the Proposal as supplemented, and for all <br />other purposes. <br /> 5. In addition to the conditions contained above and in the <br />Ordinance and in the Proposal as supplemented, the rights hereby <br />granted may, at the option of County, be terminated upon the <br />violation of any term or provision of the Ordinance or the Proposal, <br />as supplemented. <br /> 6. The County and Char-Meck acknowledge that it shall be <br />unlawful to operate a non-emergency ambulance service in the <br />unincorporated areas of Cabarrus County, North Carolina, without a <br />franchise to do so duly granted by the County, except as otherwise <br />provided by law. <br /> 7. This Resolution and Franchise Agreement shall not be valid <br />unless it is accepted by Char-Meck within thirty (30) days of its <br />effective date, which acceptance shall be in writing in such form <br />and executed in such manner as to be a valid and legally binding <br />acceptance. <br /> 8. In consideration of the foregoing rights and privileges, <br />Char-Meck agrees to the following terms and conditions: <br /> (A) Char-Meck accepts and agrees to all of the provisions <br /> of this Resolution and Franchise Agreement and those <br /> instruments incorporated herein by reference, including, <br /> but not limited to the Ordinance and the Proposal, as <br /> supplemented; <br /> (B) Char-Meck has examined all of the provisions of this <br /> Resolution and Franchise Agreement and the Ordinance and <br /> waives any claim that any provision hereof is <br /> unreasonable, arbitrary or void. <br /> (C) Char-Meck recognizes the right of the County to make <br /> amendments to the Ordinance or this Resolution and <br /> Franchise Agreement during the term of the franchise <br /> granted by this Resolution and Franchise Agreement, <br /> provided that no such change shall compromise Char- <br /> Meck'sability to perform satisfactorily its obligations <br /> or obtain the benefit of its rights under the Ordinance <br /> or this Resolution and Franchise Agreement. Char-Meck <br /> further recognizes and agrees that the County shall in <br /> no way be bound to renew the franchise at the end of the <br /> franchise term. <br /> (D) Char-Meck acknowledges that its rights hereunder are <br /> subject to the police power of the County to adopt and <br /> enforce general ordinances necessary to the safety and <br /> welfare of the public; and Char-Meck agrees to comply <br /> with all applicable general laws enacted by the County <br /> pursuant to such power. <br /> 9. Ail notices and other communications hereunder shall be <br />in writing and shall be (1) hand delivered with delivery <br />acknowledged by written receipt, or (2) mailed, first class, <br />registered or certified mail, return receipt requested, postage <br />prepaid to the following addresses: <br /> <br />If to the County: <br />County Manager <br />Cabarrus County <br />P. O0 Box 707 <br />Concord, NC 28026-0707 <br /> <br />If to Char-Meck: <br />Char-Meck Ambulance <br /> Service, Inc. <br />P. O. Box 18895 <br />Charlotte, NC 28218 <br /> <br />Ail such notices and other communications shall be deemed to have <br />been delivered on the date of the actual delivery. Any party to <br />this instrument may change the address to which all communications <br />and notices may be sent by addressing notices of such change in the <br />manner provided hereunder. <br /> 10. Any and all ordinances or applicable parts of ordinances, <br />or other similar regulations, promulgated by County which conflict <br /> <br /> <br />