Orange County NC Website
6 <br /> • <br /> 9. Shall be solely liable for all acts or actions by the Board and hold the <br /> County, Department of Human Resources, Division of Mental Health, Mental <br /> Retardation, and Substance Abuse Services, and the State of North Carolina <br /> secure from harm of suit or liability resulting 'from any such acts or actions. <br /> B. The County that is a party to this agreement agrees to the followings <br /> 1. Shall determine that adequate insurance, which is determined as actual cash <br /> value is maintained and updated annually for the facility. Tf building is <br /> destroyed by fire or natural disaster, the insurance shall be used to replace <br /> the building upon concurrence of the Division of Mental Health, Mental Retard- <br /> ation, and Substance Abuse Services Director. If the building is not replaced, <br /> the insurance proceeds will first be used to return to the State of North <br /> Carolina, Division of Mental Health, Mental Retardation, and Substance Abuse <br /> Services, the exact amount of the renovation grant or the cash value of the <br /> building. <br /> 2. If, because of anything done, caused to be done, permitted or ommitted by the <br /> Authority, the premium rate for any kind of insurance affecting the Building <br /> shall be raised, the Authority agrees that the amount of the increase in pre- <br /> mium which the County shall be thereby obligated to pay for such insurance <br /> shall be paid by the Authority to the County on demand, and that if the County <br /> shall demand that the Authority remedy the condition which caused the increase <br /> in the insurance premium rate the Authority will remedy such condition within <br /> five days after such demand. The Authority agrees that the Authority shall. <br /> not do, or cause to be done, or permit on the Leased Premises anything deem <br /> extra hazardous on account of fire. The County shall carry fire and extend . <br /> coverage insurance insuring its interest in the Building and the Leased <br /> Premises. The Authority shall carry fire and extended coverage insurance its <br /> interest, if any, in improvements to or in the Leased Premises and its interest <br /> in its interest in its office furniture, equipment, supplies and other personal <br /> property. Both the Authority and the County hereby waive any claims or rights <br /> of action which the one may have against the other for loss or damage covered <br /> by such insurance policies and both the Authority and County covenant and <br /> agree that each of them will obtain a waiver from its carrier of such insurance <br /> releasing such carrier's subrogation rights as against the other party. <br /> 3. Shall agree that the Authority may have the use of this facility free of <br /> rent for at least ten (10) years from the date first occupied by the Authority. <br /> 4. Upon disposal of Real Property before the completion of the ten (10) year <br /> period, the County shall return to the State of North Carolina the exact amount <br /> of the grant or the cash value, which ever is less. <br /> C. Notwithstanding other provisions in this dOntract, the Department of Human <br /> Resources, Division of Mental. Health, Mental Retardation, and Substance Abuse <br /> Services shall not be construed as a party to this contract or as a holder of <br /> any title to the real property purchased under this contract. <br />