Agenda - 08-23-2011 - 8c - Laserfiche WebLink

Browse Search

41 iii. Contractual .Liability .(Bodily Injury and Property Damage $SUU,000 Each Occurrence; Propene Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion .deleted ($1,000,000 /lggr-egate). v. Comprehensive Automobile Liability (nsurance (Bodily Injury $100,000 Each Person;'Each Accident, $300,000 Each Occurrence; Property Damage '6100,000 Each y Occurrence}. b. Additional latsured -The Owner shall be named as additional: insured an all farms of insurance except Worker's. Compensation. Each certificate of insurance and policy required hereunder, except tl>e worker's compensation policy, shah bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written.. notice to the Owner of such alteration, cancellation, or elimination, the written notice to be sent by Certified Mail." c. Performance Bonds -Contractor shall furnish. bonds covering the faithful performance of the Contract and payment of all obligatiots arising under any of the Contract Documents or related in any way to the Wnrk. Contractor- shalt- immediately furnish a copy of such bonds to any requesting person.. who appears to be a potential beneficiary of bonds covering payment obligations arisin ;under any of the Contract Documents. SECTION XXL Nora-Appropriation a. Contractor acknowledges that Owner is a b*overnmentat entity, and. the validity of this Agreement is based upon the availability of pu.btic funding under the authority of its statutory mandate. la. In the event that. public. funds are unavailable and nqt appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to-Contractor of the unavailability and non-appropriation of public fw~ds. It is expressly agreed that Owner shall not activate this non-appropriation ,provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial f seal crisis. c. in the event: of a change i-~ the Owner's statutory authority, mandate and/or mandated functions,. by state and/or federal. leg-slative or regulatory action, which adversely affects Owner's. authority to continue its obligations under this Agreement, Then. this Agreement shall automatically terminate without penalty to Owner upon written notice. to Contractor of such limitation or change in Owner's legal authority. SECTION XXII: Miscellaneous. a. Waiver: No .act or failure to act by the Owner or Contractor shall constitute. a waiver of any right ar duty granted them under the: Contract Documents, nor shall any act or failure to act constitute-any approval except as specifically agreed in writing. b. Governing Law and Jurisdiction: The laws oi'the State of North Carolina shall. apply to tf~e interpretation anal. enforcement of this Agreement. Any ar~d all suits or actions to enforce, interpret. or seek damages with respect to any. provision af, ~r the performance or nonperformance of this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that. no other court shall have jurisdiction or venue with respect to such. suits or BCtIOttS. 11~ .~' ~~' c. Claims: Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (3tl) days of the occurrence of the event giving rise to the claim or within thirty (~0) days of`the discovery of the event or condition giving rise to the. claim, whichever is later.