Orange County NC Website
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid <br /> debts for any work that has been done or materials that have been furnished to the Project prior to <br /> and as of the date of substantial completion and further stating that Contractor shall indemnify, <br /> save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, <br /> liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable <br /> attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts <br /> and liens in a form and substance mutually acceptable to Owner and Contractor. <br /> d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification <br /> provisions of Section 6(c)above. <br /> 7. GOVERNING LAW <br /> The laws of the State of North Carolina shall apply to the interpretation and enforcement of this <br /> Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or <br /> the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North <br /> Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have <br /> jurisdiction or venue with respect to such suits or actions. <br /> 8. NON—ASSIGNMENT <br /> The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety <br /> without the prior written consent of the Owner. <br /> 9. NON—APPROPRIATION <br /> Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based <br /> upon the availability of public funding under the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of Owner's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner <br /> immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is <br /> expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent <br /> the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state <br /> and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations <br /> under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written <br /> notice to Contractor of such limitation or change in Owner's legal authority. <br /> 10. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County Citty Plumbing and Pools,Inc <br /> Attn: Tara L. Fikes Attn: Steve Citty <br /> P.O. Box 8181 1305 Coach Road, Suite C <br /> Hillsborough,NC 27278 Reidsville,NC 27320 <br /> 11. TERMINATION <br /> The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in <br /> whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner <br /> under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to <br /> termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which <br /> material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a <br /> Revised December 2010 4 <br />