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ATTACHMENT A
<br /> DENR CONTRACT No.5924
<br /> (18)"Unit of Local Government has the meaning In G.S, third person receiving services or benefits under this Contract is
<br /> 143-6,2(a)(2): A municipal corporation that has the an incidental beneficiary only.
<br /> power to levy taxes, including a consolidated city-
<br /> county as defined by G.S. 1648-2{1),and all boards,
<br /> agencies, commissions, authorities, and institutions Indemnity
<br /> thereof that are not municipal corporations.
<br /> Indemnification:-In the event of a claim against either party by
<br /> Relationships of the Parties a third party arising out of this contract,the party whose actions
<br /> gave rise to the claim is responsible for the defense of the claim
<br /> Independent Contractor: The Grantee is and shall be deerned and any resulting liability,provided that a party may not waive the
<br /> to be an Independent contractor in the performance of this other party's sovereign immunity or similar defenses. The parties
<br /> Contract and as such shall be wholly responsible for the work to agree to consult with each other over the appropriate handling of
<br /> be performed and for the supervision of its employees. The a claim and,in the event they cannot agree,to consult with the
<br /> Grantee represents that p has, or shall secure at Its own Office of the Attorney General. j
<br /> expense,all personnel required in performing the services under
<br /> this agreement, Stich employees shall not be employees of,or default and Termination
<br /> have any Individual contractual relationship with,the Agency,
<br /> Termination by Mutual Consent:Either party may terminate
<br /> Subcontracting: To subcontract work to be performed under this agreement upon thirty(34)days notice in writing from the
<br /> (his contract which Involves the specialized skill or expertise other party. In that event, all finished or unfinished
<br /> of the Grantee or his employees, the Grantee first obtains docurnenls and other materials,at the option of(he Agency,
<br /> prior approval of the Agency Contract Administrator. In the shall be submitted to the Agency. If the contract Is terminated
<br /> event the Grantee subcontracts for any or all of the services as provided herein,the Grantee is paid in an amount which
<br /> or activities covered by this contract: (a)the Grantee is not beers the same ratio to the total compensation as the
<br /> relieved of any of the duties and responsibilities provided in services actually performed bear to the total services of the
<br /> this contract; (b) the subcontractor agrees to abide by the Grantee covered by this agreement; for costs of work
<br /> standards contained herein or to provide such information as performed by subcontractors for the Grantee provided that i
<br /> to allow the Grantee to comply with these standards,and:(c) such subcontracts have been approved as provided herein;or
<br /> the subcontractor agrees to allow state and federal authorized for each full day of services performed where compensation is
<br /> representatives access to any records pertinent to Its role as based on each full day of services performed,less payment of
<br /> a subcontractor. compensation previously made, The Grantee repays to the j
<br /> Agency any compensation(he Grantee has received which is
<br /> Sub-grantees: The Grantee has the responsibility to ensure that in excess of the payment to which he is entitled herein.
<br /> all sub-grantees, if any, provide all Information necessary to
<br /> permit the Grantee to comply with the standards set forth in this Termination for Cause: if, through any cause, the Grantee
<br /> Contract. falls to fulfill in timely and proper manner the obligations
<br /> under this agreement,the Agency thereupon has the right to
<br /> Assignment: The Grantee may not assign the Grantee's terminate this contract by giving written notice to the Grantee
<br /> obligations or the Grantee's right to receive payment hereunder. of such termina(lon and specifying the reason thereof and the
<br /> However, upon Grantee's written request approved by the effective date thereof. In that event,all finished or unfinished
<br /> issuing purchasing authority,the Agency may; documents,data,studies, surveys, drawings, maps, models,
<br /> (a) Forward the Grantee's payment check(s)directly to any photographs, and reports prepared by the Grantee , at the
<br /> person or entity designated by live Grantee,or option of the Agency, be submitted to the Agency, and the
<br /> (b) include any person or entity designated by Grantee as Grantee is entitled to receive just and equitable
<br /> a joint payee on the Grantee's payment check(s). compensation for any satisfactory work completed on such
<br /> documents and other materials. The Grantee Is not relieved
<br /> Such approval and action does not obligate the Slate to anyone of liability to the Agency for damages sustained by the
<br /> other than the Grantee and the Grantee remains responsible for Agency by virtue of any breach of this agreement, and the
<br /> fulfillment of all contract obligations. Agency may withhold payment to the Grantee for the purpose
<br /> of set off unfit such time as the exact amount of damages due
<br /> Beneficiaries: Except as herein specifically provided otherwise, the Agency from such breach can be determined.
<br /> (his Contract Insures to the benefit of and Is binding upon the
<br /> parties hereto and their respective successors, It is expressly Waiver of Default: Waiver by the Agency of any default or
<br /> understood and agreed that the enforcement of the terms and breach in compllance with the terms of (his Contract by the
<br /> conditions of this Contract,and all rights of action relating to such Grantee is not a waiver of any subsequent default or breach and
<br /> enforcement,are strictly reserved to the Agency and the named Is not a modification of the terms of this Contract unless stated to
<br /> Grantee.Nothing contained in this document shall give or allow be such in writing,signed by an authorized representative of the
<br /> any claim or right of action whatsoever by any other third person. Agency and the Grantee and attached to the contract.
<br /> It Is the express intention of the Agency and Grantee that any
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