Common use of SDBE Clause in Contracts

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 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. 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.