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and other reporting naquhenm»nbs of the Local successors. It is expressly understood and agreed that <br /> Government Commission. �o �n���mo� of terms �� conditions of this <br /> (18� ^UnitmfLooa| {�ovemmnmenthomthemnmoningin Contract and oU rights of action relating to such <br /> ' 'G.S. 143C-1-1(d)/29\: A municipal corporation enforcement, shall be strictly reserved bo the Agency and <br /> then�nnmd ��nanbee Nothin� cont�ined inthiadooumnent <br /> that has the power to levy taxes, including a ' <br /> consolidated city-county as defined by G.G. shall give or allow any o|oin or right of action 18013-2(^1). and all boerda, agencies, whatsoever by any other third person. <br /> It is the express <br /> commissions, authorities, and institutions thereof intention of the Agency and Grantee that any such <br /> that are not rn person orenUb/' ~ Grantee, <br /> municipal receiving services under this Contract shall <br /> Relationships of the Parties ba deemed on incidental beneficiary only. <br /> Indemnity Undependem%Contractor: The (�nmnbeeia and shaU be <br /> deemed to be an independent contractor in the Indemnification: The Grantee agrees toindemnify and <br /> performance of this Contract and on such shall bewholly hold harmless the Agency, the State of North Carolina, <br /> responsible for the mmdv to be performed and for the and any of their officers, agents and empbmeea, from <br /> supervision of its employees. The Grantee represents any claims of third parties arising out of any act or <br /> that it hmm, or shall secure at its own expense, all omission of the Grantee in connection with the <br /> personnel required in performing the services under this performance of this Contract to the extent permitted by <br /> agreement. Such employees shall not be employees of, |ax« <br /> or have any individual contractual relationship with, the <br /> Agency. Default and Termination <br /> Subcontracting: The Grantee shall not subcontract any Termination b-� Mutual Consent: The Parties may <br /> of the work contemplated under this Contract without terminate this Contract by mutual consent with GO days <br /> prior written approval from the Agency. Any approved notice to the other perty, or as otherwise provided by <br /> subcontract shall be subject to all conditions of this law. <br /> Contract. Only the subcontractors or suborantees <br /> specified in the contract documents are to be considered l[mrmina0on for Cause: |t through any cauee, the <br /> approved upon award of the contract. The Agency shall Grantee shall ta|| to fulfill its obligations under this <br /> not be obligated to pay for any work performed by any Contract in o brncAy and proper manner, the Agency <br /> unapproved subcontractor orsmbonyntea. The Grantee shall have the right to terminate this Contract by giving <br /> ahoU be responsible for the performance of all of its written notice to the Grantee and specifying the effective <br /> subgnanteas and shall not be relieved of any of the date thaneof. In that evant, all finished or unfinished <br /> duties and responsibilities of this Contract. deliverable items prepared by the Grantee under this <br /> Contract shmU, at the option of the Aoanoy, become its <br /> Subgrantees: The Grantee has the responsibility to property and the Grantee oha|| baenti1edtonaoeive 'ust <br /> ensure that all subQrantees, if ony. provide all and equitable compensation for any satisfactory work <br /> information necessary to permit the Grantee to comply connp|abad on such nmmteho|s, minus any payment or <br /> with the standards set forth in this Contract. compensation previously made. Notwithstanding the <br /> foregoing provision. the Grantee shall not be relieved of <br /> Assignment: No assignment of the Grantee's |iebi|hv to the Agency for damages sustained by the <br /> obligations or the Grantee's right to receive payment Agency by virtue of the Grantee's breach of this <br /> hereunder o ho|| be permitted. Hovever, upon vhMan agreement, and the Agency withhold any <br /> request approved by the issuing purchasing authority, due the Grantee for the purpose of setoff until such time <br /> the State may: as the exact amount of damages due the Agency from <br /> � (a) Forward the Grantee's payment check(m)directly such breach can be <br /> | determined. The filing a petition <br /> any person or entity designated � �� for bankruptcy by the Grantee shall bean act of default <br /> Grantee, or under this Contract. <br /> /b\ Include any person or entity designated by <br /> Grantee as a joint payee on the Grantee's Waiver of Default: Waiver by the Agency of any default <br /> payrnendoheck(o). or breach in compliance with the terms of this Contract <br /> In no event shall such approval and action obligate the by the Grantee shall not be deemed a waiver of any <br /> State to anyone other than the Grantee and the Grantee subsequent default or breach and shall not beconstrued <br /> shall remain responsible for fulfillment of all contract to be modification of the b*nnm of this Contract unless <br /> obligations. stated to be such in vvhUng, signed by an authorized <br /> representative of the Agency and the Grantee and <br /> Beneficiaries: Except as herein specifically provided attached to the contract. <br /> otherwise, this Contract shall inure tothe benefit nfand <br /> be binding upon the parties hereto and their respective <br /> NGO Form 0009B2 Grants General Terms and Conditions-Public Sector Entities <br /> Eff.muoms <br /> Revised 712007 Page <br />