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2013-068 Housing - NC Housing Coalition for Continum of Care Participation Agreement $0
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2013-068 Housing - NC Housing Coalition for Continum of Care Participation Agreement $0
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2/26/2013 2:49:40 PM
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2/26/2013 2:49:06 PM
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BOCC
Date
2/25/2013
Meeting Type
Work Session
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Agreement
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Mgr Signed
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R 2013-068 Housing - NC Housing Coalition for Continum of Care Participation Agreement $0
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for'injuries m damages to the Participating Agency or another party arising from participation in the <br /> CHIN HK8|S; or arising from any acts, omissions, neglect, or fault of the Continuum of Care and <br /> Participating Agencies within the continuum or its agents, employees, licensees, or clients; or arising <br /> from the Participating Agency's failure h»comply with |awm, obatuten, nrdinonoea, or regulations <br /> applicable hoitnr the conduct of its business. <br /> 2. The Continuum of Care and the Participating Agencies within the continuum will also hold HMIS <br /> Lead Agency harmless for loss or damage resulting in the loss of data due to delays, nondeliveries, <br /> mis-deliveries, or service interruption caused by Bowman Systems, Inc., by the Participating Agency's <br /> or other Participating Agencies' negligence or errors or omissions, as well as natural disasters, <br /> technological difficulties, and/or acts ofGod. <br /> 3. HK8|S Lead Agency shall not ba liable to the Participating Agency for damages, losses, orinjuries <br /> to the Participating Agency or another party other than if such is the result of gross negligence or <br /> willful misconduct ofHyW|8 Lead Agency. HK8|S Lead Agency agrees to hold the Participating Agency <br /> harmless from any damages, liabilities, claims or expenses to the extent caused by the gross <br /> negligence ormisconduct ofHK8|S Lead Agency. <br /> 4. The Participating Continuum of Care upholds that the Participating Agency should keep in force a <br /> comprehensive general liability insurance policy with combined single limit coverage of not less than <br /> five hundred thousand dollars($500,000). Said insurance policy shall include coverage for theft or <br /> damage ofthe Participating Agency's CHIN-related hardware and software, as well as coverage of <br /> Participating Agency's indemnification obligations under this Agreement. <br /> 5. The HMIS Lead Agency,agrees to indemnify and hold harmless the Participating Continuum of <br /> Care Lead Agency from all loss, liability, claims or expense, including attorney's fees, arising out of or <br /> related to this Agreement caused in whole or in part by the negligence or misconduct of the HMIS <br /> Lead Agency or the Participating Agencies, except to the extent same are caused by the negligence <br /> or willful misconduct of the Participating Continuum of Care Lead Agency. |t|o the intent ofthis <br /> provision to require the HW1|G Lead Agency to indemnify the Participating Continuum of Care Lead <br /> Agency to the fullest extent permitted under North Carolina law. <br /> 8. Provisions of this Article VII shall survive any termination of the Agreement. <br /> VU1U. GENERAL TERMS AND CONDITIONS <br /> 1. The parties hereto agree that this Agreement will remain in effect for_(L21 months beginning upon <br /> acceptance of this agreement bysignature. This Agreement will automatically renew for successive <br /> twelve (12) month periods unless canceled or modified within thirty(30) days of the end of the term. <br /> Any modifications must be submitted in writing to the other party and agreed to by the other party. <br /> 2. The parties hereto agree that this Agreement is the complete and exclusive statement of the <br /> agreement between parties and supersedes all prior proposals and understandings, oral and written, <br /> relating to the subject matter of this Agreement. <br /> 3. The Continuum of Care and the Participating Agencies within their continuum shall not transfer or <br /> assign any rights or obligations under the Agreement without the written consent of HMIS Lead <br /> Agency. <br /> 4. This Agreement shall remain in force until revoked in writing by either party, with 30 days <br /> advance written notice or until the end date noted in item VIII.6; provided, however, that the HMIS <br /> Lead Agency may immediately suspend Participating Agency's access to the CHIN HMIS in the event <br /> that allegations or actual incidences arise regarding possible or actual breaches of this Agreement by <br /> Participating Agency or any users for which Participating Agency is responsible hereunder until the <br /> allegations are resolved in order to protect the integrity of the system. <br /> 5. This agreement may be modified or amended by written agreement executed by both parties. <br /> G. HMIS Lead Agency may assign this Agreement upon written notice to the Participating Agency. <br />
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