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2011 - 03-21-2011 Reg. Meeting
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2011 - 03-21-2011 Reg. Meeting
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5/5/2011 7:31:51 AM
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Board of Commissioners
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mo,� 23 i'n 996 <br />e. The payment calculated under Section 2.d shall be due and payable within <br />ten (10) days after receipt of demand from Lee County. <br />3. Maximum Payment: Notwithstanding anything else herein to the contrary, the <br />maximum amount owed by Frontier to Lee County under Sections 1 and 2 combined <br />shall not exceed $147,745. <br />4. Term: The Term of this Agreement is sixty -one (61) months, beginning on the date <br />set forth above. <br />5. DEFAULT. Each of the following is a Default under this Agreement, entitling Lee <br />County to exercise the remedies set out in Section 6: <br />a. Frontier fails to pay the amounts owed under this Agreement, if any, within <br />ten (10) days of the due date. <br />b. Frontier fails to perform any of its obligations or duties under this Agreement, <br />and such failure is not cured within thirty (30) days of written notice from Lee <br />County to Frontier of such failure. <br />c. Frontier becomes insolvent, dissolves or is dissolved, assigns its assets for <br />the benefit of creditors or enters, voluntarily or involuntarily, into any <br />bankruptcy or other reorganization proceeding, or a temporary or permanent <br />receiver, trustee or custodian is appointed for Frontier or Frontier's business <br />or assets. <br />d. Frontier defaults under the lease dated March 11, 2011 between Lee County <br />as Lesser and Frontier as Lessee pursuant to which Frontier has leased from <br />Lee County pallets purchased by Lee County with the Grant. <br />e. Frontier becomes unauthorized to transact business in North Carolina. <br />f. Frontier ceases operation of its business in North Carolina or reduces the <br />total number of its employees in North Carolina to less than 500. <br />g. Any representation by Frontier under this Agreement is or becomes untrue in <br />any material way. <br />6. REMEDIES. Upon Default, Lee County shall have the right, in its discretion, to <br />exercise the remedies set out herein or that may be available to it at law or equity, <br />which remedies may be exercised individually, collectively or cumulatively without <br />prejudice to the right to exercise any other remedy. The failure by Lee County to <br />exercise any remedy upon a Default shall not constitute a waiver of that Default or <br />any other Default. <br />a. Termination. The right to terminate this Agreement; however, any such <br />termination of this Agreement shall not relieve Frontier of any liabilities <br />hereunder, and all remedies of Lee County shall survive such termination and <br />may be exercised prior to, concurrently with, or subsequent to such <br />termination. <br />b. Demand Payment. The right to demand the payment from Frontier of <br />$147,745.00 less any payments made by Frontier to Lee County pursuant to <br />this Agreement. <br />c. Costs and Expenses. Frontier shall pay to Lee County on demand all costs <br />and expenses, including legal expenses and reasonable attorney's fees, <br />
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