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2011-108 Housing - NC Housing Coalition for Continuum of Care Participation Agreement $0
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2011-108 Housing - NC Housing Coalition for Continuum of Care Participation Agreement $0
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1/9/2012 10:47:53 AM
Creation date
5/10/2011 8:51:30 AM
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BOCC
Date
5/9/2011
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager Signed
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for injuries or damages to the Participating Agency or another party arising from participation in the <br />CHIN HMIS; or arising from any acts, omissions, neglect, or fault of the Continuum of Care and <br />Participating Agencies within the continuum or its agents, employees, licensees, or clients; or arising <br />from the Participating Agency's failure to comply with laws, statutes, ordinances, or regulations <br />applicable to it or the conduct of its business. <br />2. The Continuum of Care and the Participating Agencies within the continuum will also hold HMIS <br />Lead Agency harmless for loss or damage resulting in the loss of data due to delays, nondeliveries, <br />mis-deliveries, or service interruption caused by Bowman Systems, Inc., by the Participating Agency's <br />or other Participating Agencies' negligence or errors or omissions, as well as natural disasters, <br />technological difficulties, and/ or acts of God. <br />3. HMIS Lead Agency shall not be liable to the Participating Agency for damages, losses, or injuries <br />to the Participating Agency or another party other than if such is the result of gross negligence or <br />willful misconduct of HMIS Lead Agency. HMIS Lead Agency agrees to hold the Participating Agency <br />harmless from any damages, liabilities, claims or expenses to the extent caused by the gross <br />negligence or misconduct of HMIS Lead Agency. <br />4. The Participating Continuum of Care upholds that the Participating Agency should keep in force a <br />comprehensive general liability insurance policy with combined single limit coverage of not less than <br />five hundred thousand dollars ($500,000). Said insurance policy shall include coverage for theft or <br />damage of the Participating Agency's CHIN-related hardware and software, as well as coverage of <br />Participating Agency's indemnification obligations under this Agreement. <br />5. The HMIS Lead Agency,agrees to indemnify and hold harmless the Participating Continuum of <br />Care Lead Agency from all loss, liability, claims or expense, including attorney's fees, arising out of or <br />related to this Agreement caused in whole or in part by the negligence or misconduct of the HMIS <br />Lead Agency or the Participating Agencies, except to the extent same are caused by the negligence <br />or willful misconduct of the Participating Continuum of Care Lead Agency. It is the intent of this <br />provision to require the HMIS Lead Agency to indemnify the Participating Continuum of Care Lead <br />Agency to the fullest extent permitted under North Carolina law. <br />6. Provisions of this Article VII shall survive any termination of the Agreement. <br />VIII. GENERAL TERMS AND CONDITIONS <br />1. The parties hereto agree that this Agreement will remain in effect forte months beginning upon <br />acceptance of this agreement by signature. This Agreement will automatically renew for successive <br />twelve (12) month periods unless canceled or modified within thirty (30) days of the end of the term. <br />Any modifications must be submitted in writing to the other party and agreed to by the other party. <br />2. The parties hereto agree that this Agreement is the complete and exclusive statement of the <br />agreement between parties and supersedes all prior proposals and understandings, oral and written, <br />relating to the subject matter of this Agreement. <br />3. The Continuum of Care and the Participating Agencies within their continuum shall not transferor <br />assign any rights or obligations under the Agreement without the written consent of HMIS Lead <br />Agency. <br />4. This Agreement shall remain in force until revoked in writing by either party, with 30 days <br />advance written notice or until the end date noted in item VI11.6; provided, however, that the HMIS <br />Lead Agency may immediately suspend Participating Agency's access to the CHIN HMIS in the event <br />that allegations or actual incidences arise regarding possible or actual breaches of this Agreement by <br />Participating Agency or any users for which Participating Agency is responsible hereunder until the <br />allegations are resolved in order to protect the integrity of the system. <br />5. This agreement may be modified or amended by written agreement executed by both parties. <br />6. HMIS Lead Agency may assign this Agreement upon written notice to the Participating Agency. <br />
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