Orange County NC Website
Browse       Search
The Owner shall remain obligated for full performance of this contract and County shall <br /> incur no obligation to any subcontractor. The Owner shall indemnify, defend, and hold <br /> County harmless from all claims of its contractors. <br /> N. No Joint Venture or Agency. The County, the Owner each agree and acknowledge that <br /> nothing contained herein or otherwise, including, without limitation, any act of the <br /> County, the Owner under this Agreement, shall be deemed or construed to create any <br /> relationship of joint venture,partnership or agency between the parties. <br /> O. Effect of Waiver or Forbearance. No failure by the County to insist upon the strict <br /> performance of any term or condition of this Agreement, or to exercise any right or <br /> remedy upon the breach by the Owner of any of its obligations, agreements, or covenants <br /> hereunder, shall be a waiver of such affected term or condition or of such breach; nor <br /> shall any forbearance by the County to seek a remedy for any breach by the Owner be a <br /> waiver by the County of its rights and remedies with respect to that or any other breach. <br /> a. Governing Law. This Agreement shall be construed in accordance with and governed <br /> by the laws of the State of North Carolina. Any litigation arising out of this Agreement <br /> shall be brought in courts sitting in North Carolina, with venue in Orange County. By <br /> executing this Agreement Provider affirms that Provider and any subcontractors of <br /> Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North <br /> Carolina General Statutes. By executing this Agreement Provider certifies that Provider <br /> has not been identified, and has not utilized the services of any agent or subcontractor, <br /> on the list created by the State Treasurer pursuant to G.S. 147-86.58. <br /> P. Severability. The provisions of this Agreement are independent of and separable from <br /> each other, and no provision shall be affected or rendered invalid or unenforceable by the <br /> fact that for any reason any other provision may be invalid or unenforceable in whole or <br /> in part. If any provision of this Agreement or the application thereof to any person or <br /> circumstances shall, to any extent, be or become invalid or unenforceable, the remainder <br /> of this Agreement, or the application of such provision to persons or circumstances other <br /> than those as to which it is held invalid or unenforceable, shall not be affected thereby, <br /> and each provision of this Agreement shall be valid and be enforced to the fullest extent <br /> permitted by law. The County, The Owner agree to substitute for such provision of this <br /> Agreement or the application thereof determined to be invalid or unenforceable, such <br /> other provision as most closely approximates, in a lawful manner, such invalid, illegal or <br /> unenforceable provision. If the County, the Owner cannot agree, they shall apply to a <br /> court of competent jurisdiction to substitute such provision as the court deems reasonable <br /> and judicially valid, legal and enforceable. Such provision determined by the court shall <br /> automatically be deemed part of this Agreement ab initio. <br /> Q. Equal Opportunity. The Owner shall not discriminate against any employee or <br /> applicant for employment because of race, color, religion, sex, national origin, political <br /> affiliation or belief, age, handicap, or familial status in the implementation of the Project. <br /> A-L <br />