Orange County NC Website
is <br />construction and after the completion of construction, and the School Board will <br />cause any vendor, contractor or sub-contractor to cooperate with the County and its <br />representatives and agents during such inspections. No right of inspection or <br />approval granted in this Section will be deemed to impose upon the County any duty <br />or obligation whatsoever to undertake any inspection or to make any approval. No <br />inspection made or approval given by the County will be deemed to impose upon the <br />County any duty or obligation whatsoever to identify or correct any defects in the <br />School or to notify any person with respect thereto, and no liability will be imposed <br />upon the County, and no warranties (either express or implied) are made by the <br />County as to the quality or fitness of any improvement, any such inspection and <br />approval being made solely for the County's benefit. <br />d) For so long as the School Board is not in default of any of the <br />provisions of this Agreement, the School Board will have the right to enforce in its <br />own name or in the County's name purchase orders or contracts entered in the <br />County's name or the School Board's name for the Project; provided however, that <br />if the School Board is i.n default of any provisions of this Agreement for a period <br />of thirty days after being notified by the County of such default without cure, the <br />County will have the right to assume all the School Board's responsibilities for the <br />Project. In the event of such a termination, the School Board will assign any and <br />all right, title and interest to any and all contracts relating to the Project, including <br />but not limited to any architect agreements, any and all engineering agreements, <br />any and all construction agreements, and any and all plans, specifications and other <br />drawings or documents prepared or to be prepared for the Project. The School <br />Board agrees to reimburse to the County for any and all costs, expenses, and <br />damages incurred by the County in the assumption of the rights and responsibilities <br />of the School Board due to such event of default without cure, and to indemnify <br />and hold the County harmless for any and all claims for damages by others related <br />to such event of default without cure. <br />e) The School Board will request funds for the payment of Project Costs <br />from the County, and will provide the County with the necessary information <br />supporting a requisition. The County will have the right to obtain such additional <br />evidence as it deems appropriate to determine the accuracy of the representations <br />set forth in the form of requisition and the propriety of payment. The School <br />Board will provide the County with such information in the School Board's <br />possession as the County may request. The County will pay all invoices to the third <br />parties to which money is owed. <br />94432v1 $ <br />