NS - Grant - Acceptance of Hazard Mitigation Grant Project Funds - Emergency Generators

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any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of~the parties hereto. Ibis Agreement is not made fox the benefit of any third person of persons No third paxty may enforce any part of this Agreement or shall have any rights hereunder.. Ihis Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. (b) Except as otherwise provided in subparagraph (c) below, the RECIl'IENT/ SUBGRANIEE shall be solely responsible to patties with whom it shall deal in carrying out the terms of'this agreement, and shall save the AGENCY/GRANTEE harmless against all claims of'whatever nature by thud patties arising out of'the performance of work under this agreement For purposes of this agreement, RECIPIENI/SUBGRANIEE agrees that it is not an employee ox' agent of'the AGENCY/GRANIEE, but is an independent contractor. (c) RECIPIENT/5UBGRANTEE who is a state agency or subdivision, agrees to be fully responsible for its own negligent acts or omissions or tortious acts.. Nothing herein is intended to serve as a waiver of sovereign immunity by any RECIPIENT/ SUBGRANIEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or' subdivision of the State of'North Carolina to be sued by third parties in any matter arising out of any contract. (11} DEFAULT: REMEDIES: TERMINATION (a) if any of'the following events occur ("Events of'Default"), all obligations on the part of the AGENCY/GRANTEE to make any further payment of funds her•eunder• shaII, if'the AGENCY/ GRANTEE so elects, terminate, and the AGENCY/GRANTEE may at its option exercise any of'its remedies set forth herein, but the AGENCY/GRANTEE may make any payments or parts of'payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the RECIPIENI/ SUBGRANTEE in this Agreement or any pt evious Agreement with the AGENCY/GRANTEE shall at any time be false ox misleading in any respect, or if the RECIPIENT/SUBGRANTEE shall fail to keep, obsexve or perform any of the terms or' covenants contained in this Agreement or any previous agreement with the AGENCY/GRANTEE and has not cured such in timely fashion, or' is unable or• unwilling to meef its obligations thereunder; 2.. >f' any material adverse change shall occur in the financial condition Hazard Mitigation Page 7 FEMA-DR-1490-0005 Orange County Grant Agreement