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under this Agreement. Such personnel sha11 not be employees of or have any contractual <br />relationship with the Owner. A.11 personnel en~aged in work under this Agreement sha11 be fully <br />qualified and sha11 be authorized or pernutted under state and local law ta perform such <br />canstruction services. It is fiirther agreed that Contractor will obey all State and Federal statutes, <br />rules and regulations which are applicable to provisions of the construction services called fbr <br />herein. Neither Contractor nor a,ny employee of the Contractor sha11 be deemed an off1cer, <br />employee or agent of the Owner. <br />6, TERMINATION <br />This Agreement may be ternvnated by Contractor upon thirty (30} days' written notice to the <br />Owner, and the Owner may ternunate this agreement upon thirty (30) days' written notice to <br />Contractor. <br />7. INSURANCE REQUIREMENTS <br />Contractor sha11 abtain, at its sole e~ense, a11 insurance as requu-ed in the Owner's risk <br />management palicy and shatl not commence construction work until such insurance is in effect <br />and certification thereof has been received by the Owner's Risk l~Tanager. Such insurance shall <br />name the Owner as Additional Insured under both General Liability and Auto Liability policies. <br />8. INDEMNiFICAT70N <br />Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, <br />harmless from and against any and all cla.ims, liens, liabilities, losses, damages, causes of action, <br />and expenses (including court costs and reasonable attomey's fees related thereta) arising out of, <br />in connection with, or resulting from any negligence, act or failure to act by the Contractor, the <br />Contractor's agents, assigns or employees related to the Work. <br />It is the intent of this section to require Contractor to indemnify the Owner to the extent <br />pernvtted under North Carolina law. <br />9. NON-ASSIGNMENT <br />Contractor shall not assign all or any part of this Agreement, including rights to payments, to <br />any other party without the prior written consent of the Owner. <br />10. NON-APPROPRIATION <br />Cantractor acknowledges that Owner is a governmental entity, and the validity of this <br />Agreement is based upon the availability of public funding under the authority of its statutory <br />mandate. <br />In the event that public funds are unavailable and not appropriated for the performance of <br />Owner's abligatians under this Agreement, then this Agreement shall automatically expire without <br />penalty to Owner immediately upon written notice ta Contractor of the unavailability and non- <br />appropriation of public funds. Tt is expressly agreed that ~wner shall not activate this non- <br />appropriation provision for its convenience or to circumvent the requirements of this Agreement, <br />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 <br />functions, by state andior federallegislative or regulatory action, which adversely af~ects Owner's <br />Revised November 201 i 2 <br />