Orange County NC Website
Browse       Search
those requirements as necessary to any lower level subagreement or any third party contractor <br />at each tier, except as the Department determines otherwise in writing. <br />i. No Federal/State Government Obligations to Third Parties. In connection <br />with performance of the Project, the Contractor agrees that, absent the Federal/State <br />Government's express written consent, the Federal/State Government shall not be subject to <br />any obligations or liabilities to any subrecipient, third party contractor, or other person or entity <br />that is not a party to this Agreement for the Project. Notwithstanding that the Federal/State <br />Government may have concurred in or approved any solicitation, subagreement, or third party <br />contract, the Federal/State Government has no obligations or liabilities to such entity, including <br />any subrecipient or third party contractor. <br />j. Changes in Proiect Performance (i.e., Disputes, Breaches, Defaults, or <br />Liti ation . The Contractor agrees to notify the Department immediately, in writing, of any <br />change in local law, conditions (including its legal, financial, or technical capacity), or any other <br />event that may adversely affect the Contractor's ability to perform the Project as provided in this <br />Agreement for the Project. The Contractor also agrees to notify the Department immediately, in <br />writing, of any current or prospective major dispute, breach, default, or litigation that may <br />adversely affect the Federal/State Government's interests in the Project or the Federal/State <br />Government's administration or enforcement of Federal/State laws or regulations; and agrees to <br />inform the Department, also in writing, before naming the Federal or State Government as a <br />party to litigation for any reason, in any forum. <br />k. Limitations of Agreement. This Agreement shall be subject to the availability <br />of State funds and contingent upon the terms and conditions of the Master Agreement between <br />the FTA and the Department. <br />Section 3. Ethics. <br />a. Code of Ethics. The Contractor agrees to maintain a written code or <br />standards of conduct that shall govern the actions of its officers, employees, board members, or <br />Project 07-US-056 Page 8 of 49 <br />Orange County <br />