2012-098 AMS - Carolina Sunrock LLC for Pavement repair sealcoating striping and concrete repair of Link $25,584.25

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Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION Triis Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON-APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not 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 Revised November 2011 2