Agenda - 08-21-2012 - 5m - Laserfiche WebLink

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- 012 , b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner's property Contractor shall,through such bonds and insurance or at Contractors expense,defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has tieen done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor ! shall indemnify,save and protect Owner and Owner's lender,if any,harmless from and against any�and all claims, liabilities, losses,damages,causes of action,and expenses(inciuding court ' costs and reasonable attorney's fe�s related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. ; d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c)specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract Documents the arcfiitect shall serve as the initial decision-maker, unless there is no architect retrained on the project related to the Work. Owner and Contractor further agree as follows: ; i. If there is no architect retained for the Work, Owner and Contractor agree,prior to the initiation of any civil litigation,to submit to mediation by agreeing on an individual to ; serve as mediator to mediate the dispute. . . ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as � mediator Owner may select a mediator to mediate the dispute. � iii. Any mediator selected under this section shall be an attorney licensed to practice law in the State of North Carolina and shall be generally recognized as having experience in mediating construction disputes. iv. Owner and Contractor agree to equally share in the cost of a mediator selected under this section. . : � b. The laws of thc State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect � to any provision of, or 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 actions. c. Notice of any claim by Owner or Conixactor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within � thirty(30)days of the discovery of the event or condition giving rise to the claim,whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or • Contractor, Contractor shall continue to faithfully and diligently perform the Work in : such a manner as to meet a11 scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed,by the Owner,a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker,if applicable, who may request more supporting data., rejeet the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. Revised November 2011 ,