2004 S Purchasing - Interlocal Agreement on OCS Middle School #3/West Ten Soccer Complex

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4. SCHOOL BOARD'S AND COUNTY'S RIGHT TO ENFORCE CONTRACTS. For so long as the School Board is not in default of any of the provisions of this Agreement, the School Board has the right to enforce in its own name or in the County's name purchase orders or contracts entered in the County's name or the School Board's name for the Project; provided, however, that if the School Board is in default of any provision of this Agreement for a period of thirty days after being notified by the County of such default without cure, the County has the right to terminate this Agreement with respect to the Project and assume all the School Board's responsibilities for the Project. In the event of such a termination of this Agreement with respect to the Project, the School Board will assign to the County any and all right, title and interest to any and all contracts relating to the Project, including but not limited to any architect agreement(s), any and all engineering agreements, any and all construction agreements, and any and all plans, specifications and other drawings or documents prepared or to be prepared for the Project. The School Board agrees to reimburse the County for any and all costs, expenses, and damages incurred by the County in the assumption of the rights and responsibilities of the School Board due to such event of default without cure, and to the extent permitted by law, to indemnify and hold the County harmless for any and all claims for damages by others related to such event of default without cure. The request(s) for proposals and/or request(s) for bids for the Project improvements shall identify the County's interest in the Project and shall require that all warranties associated with the Project improvements, express or implied, will be enforceable by the County, the School Board or both, without regard to whether the construction contracts are between the construction contractor and the County, the construction contractor and the School Board or the construction contractor and the County and the School Board. 5. PROJECT FUND DISBURSEMENTS. Amounts will be disbursed by the County to the School Board for Project costs only upon the County's receipt of a requisition, signed by a School Board representative with authority to do so, in the form prescribed by the County which makes certain representations, designates the payee and provides evidence that payment is due (such as an architect's payment certification). The County has the right to obtain such additional evidence as it deems appropriate to determine the accuracy of the representations set forth in the form of requisition and the propriety of payment. The School Board will provide the County with such information in the School Board's possession as the County may request. 6. APPLICATION OF CASUALTY INSURANCE PROCEEDS. Notwithstanding any provision of this Agreement, the County retains the sole power to control and direct the application and distribution of proceeds of casualty insurance applicable to the Project improvements. 4