Caroline County, Virginia Request for Proposals Project 25 Radio ...

Caroline County, VARFP for Radio Communications SystemAPPENDIX HCaroline County, Virginiathat the Contractor is proceeding with the Services under protest. Any claim notresolved, whether by failure of the Contractor to accept the decision of the Countyor under a written notice of the Contractor’ intention to file a claim or a detailedclaim not acted upon by the governing body of the County, shall be specificallyexempt by the Contractor from payment request, whether progress or final.Pendency of claims shall not delay payment of amounts agreed due in the finalpayment.D. The decision on contractual claims by the governing body of the County shall befinal and conclusive unless the Contractor appeals within six months of the dateof the final decision on the claim by instituting legal action in the appropriatecircuit court.22. Subject to Annual AppropriationThe Agreement is subject to annual appropriation by the Board of Supervisors of theCaroline County. Neither the Agreement nor any amount due or to become due under theAgreement shall be deemed to constitute a debt or pledge of the faith and credit of theCommonwealth of Virginia or any political subdivision thereof, including the County. Neitherthe Commonwealth of Virginia nor any political subdivision thereof, including the County, shallbe obligated to pay any amount due or to become due under this Agreement except from fundsannually appropriated by the Board of Supervisors of Caroline County for such purpose.In the event of non-appropriation of funds for the items under this Agreement, the Countymay terminate this Agreement as to the Services for which funds have not been appropriated.Written notice will be provided to the Contractor as soon as possible after such action is taken.23. Forum SelectionThe parties hereby submit to the personal jurisdiction and venue of any state or federalcourt located within the Commonwealth of Virginia for resolution of any and all claims, causesof action or disputes arising out of or related to this Agreement and agree that service by certifiedmail to the addresses set forth in the Agreement or this Appendix shall constitute sufficientservice of process for any such action. The parties further agree that any claims, causes of actionor disputes arising out of, relating to or concerning this Agreement shall have jurisdiction andvenue in the Circuit Court of Caroline County, and shall be brought only in such Court.24. NoticesAll requests, notices and other communications required or permitted to be given underthe Agreement shall be in writing and delivery thereof shall be deemed to have been made three(3) business days after such notice shall have been duly mailed by certified first-class mail,postage prepaid, return receipt requested, one (1) business day after being deposited with anynationally recognized overnight courier service, or when delivered if delivered by hand delivery,to the party entitled to receive the same at the address indicated below or at such other address assuch party shall have specified by written notice to the other party. Notices to the ContractorMay 27, 2011 Page 133 of 134