SDBE. The Contractor shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the Contractor to comply with that article shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of that article, this contract, and State law. The Participation Plan submitted in accordance with that article is binding on the Contractor. Section 18-59(f) of that article provides, in part, “If the City Manager determines that the Contractor has failed to comply with the provisions of the Contract, the City Manager shall notify the Contractor in writing of the deficiencies. The Contractor shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the Contractor’s alleged violations of its obligations under Article III of Chapter 18 and not to the Contractor’s alleged violations of other obligations.
SDBE. The Contractor shall comply with all applicable provisions of Chapter 26 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the Contractor to comply with that chapter shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of that chapter, this contract, and State law. The Participation Plan submitted in accordance with that chapter is binding on the Contractor. Section 26-10(f) of that chapter provides, in part, “If the City Manager determines that the Contractor has failed to comply with the provisions of the Contract, the City Manager shall notify the Contractor in writing of the deficiencies. The Contractor shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the Contractor’s alleged violations of its obligations under Chapter 26 and not to the Contractor’s alleged violations of other obligations.
SDBE. The NPO shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the NPO to comply with that article shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of that article, this contract, and State law. The Participation Plan submitted in accordance with that article is binding on the NPO. Section 18- 59(f) of that article provides, in part, “If the City Manager determines that the NPO has failed to comply with the provisions of the Contract, the City Manager shall notify the NPO in writing of the deficiencies. The NPO shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the NPO’s alleged violations of its obligations under Article III of Chapter 18 and not to the NPO’s alleged violations of other obligations.
SDBE. The University shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the University to comply with Article III of Chapter 18 shall be a material breach of Agreement which may result in the rescission or termination of this Agreement and/or other appropriate remedies in accordance with the provisions of Article III of Chapter 18, this Agreement, and State law. The Participation Plan submitted in accordance with that chapter is binding on the University. Section 18-59(f) of Article III of Chapter 18 provides, in part, “If the City Manager determines that the [University] has failed to comply with the provisions of the Contract, the City Manager shall notify the [University] in writing of the deficiencies. The [University] shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the University’s alleged violations of its obligations under Article III of Chapter 18 and not to the University’s alleged violations of other obligations. Notwithstanding the SDBE compliance obligations outlined in this Section 25(i), the Parties agree that the University is required to comply with certain N.C. General Statutes governing goods and service procurement by state departments, agencies and institutions. If during the performance of its obligations pursuant to this Section 25(i), the University encounters a conflict between this Section 25(i) and specific N.C. General Statute requirements, the University shall identify such conflict to the City and the Parties agree to work in good faith to resolve such conflict such that the University complies with state law requirements governing goods and service procurement.
SDBE. The Grantee shall comply with all applicable provisions of Article III of 268 Chapter 18 of the Durham City Code (Equal Business Opportunity Program), as 269 amended from time to time. The failure of the Grantee to comply with Article III of 270 Chapter 18 shall be a material breach of contract which may result in the rescission or 271 termination of this contract and/or other appropriate remedies in accordance with the 272 provisions of Article III of Chapter 18, this contract, and State law. The Participation 273 Plan submitted in accordance with that chapter is binding on the Grantee. Section 18- 274 59(f) of Article III of Chapter 18 provides, in part, “If the City Manager determines that 275 the Contractor has failed to comply with the provisions of the Contract, the City Manager 276 shall notify the Contractor in writing of the deficiencies. The Contractor shall have 14 277 days, or such time as specified in the Contract, to cure the deficiencies or establish that 278 there are no deficiencies.” It is stipulated and agreed that those two quoted sentences 279 apply only to the Grantee’s alleged violations of its obligations under Article III of Chapter 280 18 and not to the Grantee’s alleged violations of other obligations.
SDBE. The Contractor shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the Contractor to comply with that article shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of that article, this contract, and State law. Section 18-59(f) of that article provides, in part, “If the City Manager determines that the Contractor has failed to comply with the provisions of the Contract, the City Manager shall notify the Contractor in writing of the deficiencies. The Contractor shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the Contractor’s alleged violations of its obligations under Article III of Chapter 18 and not to the Contractor’s alleged violations of other obligations.
SDBE. The Contractor shall comply with all applicable provisions of Chapter 26 of the Durham City Code (the Equal Business Opportunity ordinance, as amended from time to time. The failure of the Contractor to comply with that chapter shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of that chapter, this contract, and State law. The final version of all SDBE documents and information submitted by the Contractor and approved by the City of Durham are a legal and binding part of this contract.
SDBE. This is a contract amendment and was not reviewed by the Department of Equal Opportunity/ Equity Assurance for compliance with the Ordinance to Promote Equal Business Opportunities in City Contracting.
SDBE. The Subrecipient shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time. The failure of the Subrecipient to comply with that chapter shall be a material breach of Contract, which may result in the rescission or termination of this Contract and/or other appropriate remedies in accordance with the provisions of that chapter, this contract, and State law. The Participation Plan submitted in accordance with that chapter is binding on the Subrecipient. Section 18-59 (f) of that chapter provides, in part, “If the City Manager determines that the contractor has failed to comply with the provisions of the Contract, the City Manager shall notify the contractor in writing of the deficiencies. The contractor shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies.” It is stipulated and agreed that those two quoted sentences apply only to the Subrecipient’s alleged violations of its obligations under Article III of Chapter 18 and not to the Subrecipient’s alleged violations of other obligations.
SDBE. The provisions of this Section 11.0 shall apply only to the portion of the 687 Project that is the DPAC Amenities. 688 . 689
