Agenda Package - 01-31-11 - Laserfiche WebLink

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Gas "I I This A iecinent constitutes a enforceable contract and shall be iovemed and construed in accordance with the laws of the Stale of North Carolina. The parties agree and submit, solely for natter concerning this Aareemem. to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only venue for any legal proceedings shall be Rake Count% North Carolina. The place of this Agrenncnt, anti ul tranaamolis and a_reancnu relatjng to it, and their sites and forum, shall be Wake Count` North Carolina, where all matters, whether sounding in contract or ton, relating to its validity, consuvaion, interpretation, and enforcement, shall be determined. 1.12 The parties agree that the State of North Carolina Depamnent of Commerce is a third party beneficiary of this Agreement and may, at its option, enforce the terns of this Agreement or appear as a party in any litigation concerning it. '.13 The Company shall comply with all applicable federal, tuu, and local laws and tcgulaliuns. If a the Company fails to comply with any law or regulation applicable to it, the Secrc(ary of DOC may, in his sole discretion, temtinate the grant and declare that no future Grunt disbursement shall be due and payable and'or require to reimburse DOC all or part of ant Grant foods previously disbursed following the date of any such violation. .,)4 Failure of the Applicant or DOC.' at any time to Icquirc performance of ant tern or provision of this agreement shall in no manner al leci the riche of the Applicant or DOC at a later date to enforce the same or to enforce ant future compliance with or performance of ari of the terms (ir provisions hereof. No waiver of the Applicant or DOC of anv condition ur the breach of arty ton m, provision or representation) contained in this Agreement, whether by conduct or otherwise, in any one or Inure instances. shall be deemed to be of construed as a further or continuing waiver of ant such condition or of the breach of that or any other term, provision or representation. • ' 15 I - he Cnmpnm• k encouraged In utilize the services of North Carolina .small businesses and minority. foni1c. and disabled contractors, to offer positions in connection .v th the project to North Carolina residents and to use the Nonh Cowlins stave ports when reasonable and convnercially practicable. 7.16 In addition to are rights and rcmeedics provided to Applicant and DOC by lart, DOC has the right, Without prior notice to Company, any such notice bean_ expressly waived by Company to the extent permitted by applicable law, upon the occurrence of any event herein which )svuld result in the Company's obligation to repay some or all ofGrant monies disbursed hereunder (including without limitation Sect ion 3,4 and 5 hereof), to ste -nlf and apply �?ainst any an)nunts due hereunder, any amount owing from DOC to Company. In particular. the DOC shall apply [In, right of sca>Ih to raducc any amounts for which the Company map be eligible under iu C6Dr1, by the amount of repaynrenl due under this Agreement. I'll iii( rant award shall Icrntin'ate and be null and void on December I.S. 2010, fl bs that dale the Companv has not delivered back to the DOC, two originals of this A dub' executed by an authorized officer of the Company and altested in the manner provided below. This Grant is also subject to the requirement that the Applicant deb) er to the IMC one original rich of Ihr LCCA and this Agreement_ doh a <ccu l oil h)• an authorized nl I of file Applicant, within sixty (60) calendar days followina. the date on ohich the DOC sends lhe5c agreement to the Applicant. IN NVI MESS WHEREOF, the Company, the Related i'v1en)bet, and the Applicant have executed this aerzcmcnt, intended to be under seal, effective as of the day and year first written above. Urr v,;rtL C =: nil it :a Rutd :Igrrcmam !S-5- '0101