officials, and employees, from and against any and all costs, damages, liabilities, claims,
<br />losses, judgments or expenses, including reasonable attorneys fees, arising in any manner
<br />from or as a result of any activities by or on behalf of the Towns under this Agreement
<br />other than as provided for in Paragraph I of this Section, provided, however, that nothing
<br />in this paragraph indemnifies and holds harmless the County and other Towns from and
<br />against any costs, damages, liabilities, claims, losses, judgments or expenses, including
<br />reasonable attorneys fees, arising in -any manner from or as a result of negligent acts or
<br />omissions of the County, and other Towns or their officers, officials, and employees.
<br />Likewise, the County shall indemnify and hold harmless the Towns, .and the Towns'
<br />officers, officials, and employees, from and against any and all costs, damages, liabilities,
<br />claims, losses, judgments or expenses, including reasonable attomeys fees, arising in any
<br />manner from or as a result of any activities by or on behalf of the County under this
<br />Agreement other than as provided for in Paragraph I of this Section, provided, however,
<br />that nothing in this paragraph indemnifies and holds harmless the Towns from and
<br />against any costs, damages, liabilities, claims, losses, judgments or expenses, including
<br />reasonable attorneys fees, arising in any manner from or as a result of negligent acts or
<br />omissions of the Towns, or the Town's officers, officials, and employees.
<br />N. The County and Towns certify that they will adhere to all federal and state regulations
<br />pertaining to the disposition of real property, if any real property is acquired by the
<br />County or Towns with funds authorized under the Federal HOME Program
<br />Requirements.
<br />O. This Agreement shall be construed in accordance with and governed by federal law and
<br />by the laws of the State of North Carolina not inconsistent with federal law. Any
<br />litigation arising out of this Agreement shall be brought in courts sitting in North
<br />Carolina, with venue in Orange County.
<br />P. This Agreement shall be amended by mutual agreement of all parties in writing.
<br />Q. OHC and the parties to this agreement are bound by the terms of this Agreement for the
<br />purpose of participating in the Federal HOME Program and agree to cooperate to
<br />undertake or to assist in undertaking housing assistance activities for the Federal HOME
<br />Program, and agree to receive funds as authorized in the Federal Program-Regulations. In
<br />the event OHC qualifies as a Federal HUD Consortium, the parties of this agreement will
<br />consider any additional amendments to the Agreement necessary to apply for funds under
<br />the Federal Program Requirements.
<br />R. The County and Towns agree to cooperate in the implementation of the Federal and State
<br />Programs and to cooperate in the preparation of the Consolidated Plan in accordance with
<br />HUD regulations in 24 CFR Parts 92 and 91, respectively, and the requirements of 24
<br />CFR 92.350 (a)(5). The County and Towns shall execute and submit the required
<br />certifications, and shall prepare and submit its plan for monitoring compliance with the
<br />Consolidated Plan.
<br />8
<br />
|