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2011 - 04-18-2011 Reg. Meeting
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2011 - 04-18-2011 Reg. Meeting
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5/9/2011 2:19:23 PM
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5/9/2011 2:16:50 PM
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Admin-Clerk
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Board of Commissioners
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Bn l c_ <br />GENERAL PROVISIONS <br />1. AUTHORITY TO CONTRACT The COUNTY'S authority to contract for the service herein is <br />authorized by North Carolina General Statute 105 -299. <br />2. INVOICES All invoices shall be submitted by TMA to the COUNTY TAX ASSESSOR with <br />sufficient detail. <br />3. CANCELLATION This Agreement shall become effective from the date entered above and shall <br />remain in effect for twenty -four (24) months unless otherwise extended by a written addendum <br />signed by both parties for a period of an additional year. <br />4. COLLATERAL ASSIGNMENT The COUNTY acknowledges and agrees that payment due <br />TAX MANAGEMENT ASSOCIATES, INC. under this Agreement and all other agreements with <br />the government authority (the "Agreement ") have been collaterally assigned to Branch Banking and <br />Trust Company (a North Carolina banking corporation, whose address is 6869 Fairview Road, <br />Charlotte, North Carolina 28210- 3384). All payments due TAX MANAGEMENT ASSOCIATES, <br />INC. under this the Agreement will be sent, UPON REQUEST to the Bank at that address pursuant <br />to a financing and cash management arrangement. The Bank is authorized to receive information <br />relating to this Agreement and payments due under the Agreement and all amendments or <br />modifications to the Agreement from LEE COUNTY (the government authority). The Bank is <br />authorized to rely upon the terms of the Agreement. The government authority agrees to give notice <br />to the Bank thirty (30) days prior to termination of this Agreement. <br />5. INDEMNIFICATION To the fullest extent permitted by laws and regulations, TMA shall <br />indemnify and hold harmless the COUNTY and its officials, agents, and employees from and against <br />all claims, damages, losses and expenses, direct, indirect or consequential (including, but not limited <br />to, fees and charges of engineers or architects, attorneys and other professionals and costs related to <br />court action or arbitration) arising out of or resulting from the performance of this contract or the <br />actions of TMA or its officials, employees, or contractors under this Contract or under the Contracts <br />entered into by TMA in connection with this contract. This indemnification shall survive the <br />termination of this Agreement.- <br />6. NON- DISCRIlVIINATION TMA shall not discriminate against any person on the grounds of race, <br />color, national origin, sex, age or disability in the administration of this contract. Nor shall any <br />person be excluded from participation in, or be denied the benefits of this contract on the grounds of <br />race, color, national origin, sex, age or disability. <br />7. LAW CONTROLLING The laws of the state of North Carolina shall control and govern this <br />contract. <br />S. NON - ASSIGNMENT This Agreement is not assignable by either party, by operation of law or <br />otherwise. <br />9. MODIFICATION This contract may be modified only by a written agreement executed by both <br />parties hereto. <br />10 ENTIRE AGREEMENT This contract constitutes the entire agreement of the parties and no other <br />agreement or modification to this contract, expressed or implied, shall be binding on either party <br />unless same shall be in writing and signed by both parties. This Agreement may not be orally <br />modified. Any modifications must be in writing, expressly titled a modification or addendum to this <br />contract, attached to this contract, and signed by both parties. <br />
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