2011-413 Finance - OC Board of Education - CW Stanford Middle School Improvements - Project Completion & Agency Agreement

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School Board will appoint no further agent to assume such rights or carry out such duties and responsibilities without the prior written consent of the County and the Bank. 3. CONTRACTS. The School Board, with the County's approval, may enter into any purchase order or contract with respect to the Project in the School Board's name. Alternatively, the County may require that any such purchase orders or contracts be entered into by the County in its own name or be entered into by the County.and the School Board jointly. All contracts must comply with the public procurement laws and any other State laws applicable to either the School Board or the County, as appropriate, with regard to entering into such contracts. The School Board must provide that contractors provide bonds, insurance coverages and contract assignments that comply with the requirements of North Carolina law. 4. RIGHTS AND RESPONSIBILITIES FOR THE PROJECT. The School Board, as the County's agent, will be responsible for carrying out the Project, and the School Board will have all rights to supervise the Project. The County and its representatives and agents will have the right to enter upon the Project sites and inspect the Project work from time to time during construction and after the completion of construction, and the School Board will cause any vendor, contractor or sub-contractor to cooperate with the County and its representatives and agents during such inspections. No right of inspection or approval granted in this Section will be deemed to impose upon the County any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by the County will be deemed to impose upon the County any duty or obligation whatsoever to identify or correct any defects in the School or to notify any person with respect thereto, and no liability will be imposed upon the County, and no warranties (either express or implied) are made by the County as to the quality or fitness of any improvement, any such inspection and approval being made solely for the County's benefit. 5. SCHOOL BOARD'S RIGHT TO ENFORCE CONTRACTS. For so long as the School Board is not in default of any of the provisions of this Agreement and the Lease, the School Board will have the right to enforce in its own name or in the County's name purchase orders or contracts entered in the County's name or the School Board's name for the Project; provided however, that if the School Board is in default of any provisions of this Agreement or the Lease for a period of thirty days after being notified by the County of such default without cure, the County will have the right to terminate this Agreement and assume all the School Board's responsibilities for the Project. In the event of such a termination of this Agreement, the School Board will assign any and all right, title and interest to any and all contracts relating to the Project, 2