Orange County NC Website
j) Indemnification. To the extent permitted by law, the School Board <br />will indemnify and save the County harmless against and from all claims, by or on <br />behalf of any person, firm, corporation or other legal entity, arising from the <br />operation or management of the Contract Property during the Lease Term, including <br />any arising from: (i) any condition of the Contract Property; or (ii) any negligent act <br />of the School Board or of any of its agents, contractors or employees or any <br />violation of law by the School Board or breach of any covenant or warranty by the <br />School Board under this Agreement. The School Board will, upon notice from the <br />County, defend or pay the cost of defending the County in any action or proceeding <br />brought in connection with any claims arising out of circumstances described in (i) <br />or (ii) above. <br />3. The School Board will carry out all Projects as the County's agent <br />a) The County appoints the School Board as its agent to carry out all <br />phases of the Projects. The School Board, as the County's agent, assumes all the <br />County's rights, duties and responsibilities regarding such matters, except as <br />limited in this Agreement. The School Board will appoint no further agent to <br />assume such rights or carry out such duties and responsibilities without the <br />County's prior written consent. <br />b) The School Board, with the County's approval, may enter into any <br />purchase order or contract with respect to a Project in the School Board's name. <br />Alternatively, the County may require that any such purchase orders or contracts <br />be entered into by the County in its own name or be entered into by the County and <br />the School Board jointly. <br />All contracts must comply with the public procurement laws and any other <br />State laws applicable to either the School Board or the County, as appropriate, with <br />regard to entering into such contracts. The School Board must provide that <br />contractors provide bonds and insurance coverages that comply with the <br />requirements of North Carolina law. <br />c) The School Board, as the County's agent, will be responsible for <br />carrying out each Project, and the School Board will have all rights to supervise <br />each Project. <br />The County and its representatives and agents will have the right to enter <br />upon the Project sites and inspect the Project work from time to time during <br />94432v1 '~ <br />