Agenda - 03-02-2006-5f - Laserfiche WebLink

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�j Contract for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant between the City of Durham and tire Orange County, page4 containing 1 page Attachment D: 42 U S C § 3796dd, containing 5 pages Attachment E: Request for Reimbursement Form, containing I page In case of conflict between an attachment and the text of this contract excluding the attachment, the text of this contract shall control. Sec 7 Notice (a) All notices and other communications required or permitted by this contract shall be in writing and shall be given either by personal delivery, fax, or certified United States mail, return receipt requested, addressed as follows: To the City: '`' "•. Jesse Burwell City of Durham Police Department _ 505 W Chapel Hill Street Durham, NC 27701 the fax number is (919) 560 -4899 I the Sub - recipient: Kenneth T Chavious Orange County Finance Department 208 S Cameron Street Hillsborough, NC 27278 the fax number is (919) 644 -3324 (b) Change of Address:-' %ti'a'f Notice Deem&l.'Given. A change of address, fax number, or person to receive notice may be,.r9de by eiQ' patty by notice,given to the other party. Any notice or other communication under tfiiscogtract sba)I be deemed giveu.at, the time of actual delivery, if it is personally delivered or sent by fax. Ifffr& tpotice;pX;okher communication is sent by United States mail, it sball be deemed given upon . the thud calepdar'day %kCowipgabe day on which such notice or other communication Statelgis deposited al Service or. neon actual delivery, whichever first occurs Sec. 8 Indemn_ if Rc ibn. (a) T6;the;.maximum extent allowed by law, the Sub - recipient shall defedd,''iridemrii r and save ba miess Indeiiiiiitees from and against all Charges that arise in any manner from, in coiii�egtion with, or o4t.' :;this contract as a result of acts or omissions of the Sub-recipient or an du'ectlKp;auduectly emj}jpyed by any of them or anyone for whose acts any of them may be liable. In perforating its'8ftties under thisisubsection "a," the Sub - recipient shall at its sole expense defend Inderamtees with IegaF;counsel;[easonably acceptable to City. (b) Defuritions. As used in subsections "a" above and "c" below ". Carges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligat ons, fines,'.penalties, royalt es, settlements, and expenses ( ncluded without l mitation within "Charges" are (1) interest and reasonable attorneys' fees assessed as part of any such item "Indemnitees" means City and its officers, officials, independent Sub - recipients, agents, and employees, excluding the Sub - recipient (c) Other Provisions Separate Nothing in this section shall affect any warranties in favor of the City that are otherwise provided in or arise out of this contract This section is in addition to and sball be construed separately from any other indemnification provisions that may be in this contract (d) Survival This section shall remain in force despite tenunation of this contract (whether by expiration of the term or otherwise) and termination of the services of the Sub recipient under this contract See 9 Miscellaneous (a) Choice of Law and Forum This contract shall be deemed made in Durham County, North Carolina This contract shall be governed by and construed in accordance with the law of North Carolina the exclusive fotum and venue for all actions arising out of this contract shall be the North Carolina