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9 <br />directly or indirectly employed by any of them or anyone for whose acts any of them-may <br />be liable. The indemnification obligation under this paragraph shall not be limited in any <br />way by any limitation of the amount-or type of damages, compensation or benef is payable <br />by or for the Contractor or any subcontractor under workers' compensation acts, disability <br />benefits acts or other employee benefit acts. <br />b. The Contractor shall indemnify and -hold harmless Owner from any lien of whatever type <br />through the purchase of appropriate bonds and insurance as designated in Section 6 above. <br />c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no <br />unpaid debts for any work that has been done or materials that have been furnished to the <br />Project prior to and as of the date of substantial completion and further stating that <br />Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless <br />from and against any and all claims, liabilities, losses, damages, causes of action, and <br />expenses (including court costs and reasonable attorney's fees related thereto) arising out <br />of, in connection with, or resulting from any such debts and liens in a form and substance <br />mutually acceptable to Owner and Contractor. <br />d. By executing this Agreement Contractor agrees to abide by and be bound by the <br />indemnification provisions of Section 7(c) above. <br />8. DISPUTE RESOLUTION AND GOVERNING LAW <br />a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract <br />Documents the architect shall serve as the initial decision-maker, unless there is -no <br />architect retrained on the project related to the Work. Owner and Contractor further agree <br />as follows: <br />i. If there is no architect retained for the Work, Owner and Contractor agree, prior to <br />the initiation of any civil litigation, to submit to mediation by agreeing on an <br />individual to serve as mediator to mediate the dispute. <br />ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as <br />mediator Owner-may select a mediator to mediate the dispute. <br />iii. Any mediator selected under this section shall be an attorney licensed to practice <br />law in the State of North Carolina and shall be generally recognized as having <br />experience in mediating construction disputes. <br />iv. Owner and Contractor agree to equally share in the cost of a mediator selected <br />under this section. <br />b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br />this Agreement. Any and all suits or actions to enforce, interpret or seek damages with <br />respect to any provision of, or the performance or nonperformance of, this Agreement or <br />the Contract shall be brought in the General Court of Justice of North Carolina sitting in <br />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 />c. Notice of-any claim by Owner or Contractor must be initiated by written notice to the other <br />Party within thirty (30) days. of the occurrence of the event giving rise to the claim or <br />within thirty (30) days of the discovery of the event or condition giving rise to the claim, <br />whichever is later. <br />Revised December 2010 <br />