Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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insurance requirements specified in the"North Carolina General Contract Terms and Conditions" or the "University of North Carolina at Chapel Hill General Terms and Conditions for Commodities and Services," as applicable. The University shall require each such operating subcontractor to maintain such coverages for the time periods required therein. 138. No subcontracting shall relieve any Party of its obligations under this Agreement. Each Party shall remain primarily liable and obligated to the other Party for the timely and proper performance of all of its obligations hereunder even if such obligations are delegated to third-party subcontractors. 139. Each Party shall be responsible for any taxes or assessments levied on any real, personal or tangible property owned by it, inclusive of any LFG on that party's respective side of the Delivery Point after the Effective Date of this Agreement. All transfer,documentary,sales,use, stamp, registration,recording, conveyance and other similar taxes, fees or charges (including any penalties and interest) arising from the transactions contemplated by this Agreement shall be paid by the University when due or collected from the University by the County in accordance with applicable Law. Half(50%) of the amount of taxes, fees or other charges paid by the University pursuant to the immediately preceding sentence shall be subsequently reimbursed to the University by the County by set-off against the Flare Payments. In accordance with applicable Law, the County will accept a certificate or other documentation as required with respect to any claim by the University that it is exempt from the payment of any such taxes. To the extent applicable,the University and the County will, at their own expense, file all necessary tax returns and other documentation with respect to such taxes, and the Parties will cooperate to the extent necessary with respect to such filings. 45 {00018638.DOC 21-241