Orange County NC Website
"Indemnitees"means the City and its officers, officials, independent <br /> contractors, agents and employees. <br /> c) Limitations of Contractor's Obligation. Subsection"a" above shall not <br /> require the County Contractor to indemnify or hold harmless Indemnities <br /> against liability for damages arising out of bodily injury to persons or <br /> damage to property proximately caused by or resulting from the <br /> negligence, in whole or in part, of Indemnitees. <br /> d) Nothing in subsections"a", "b", or"c" above shall affect any warranties in <br /> favor of the City that are otherwise provided in this contract,this section <br /> (a, b, c, and d) is in addition to and shall be construed separately from any <br /> other indemnification provisions that may be in this contract. <br /> 8. Duration of Agreement. The term of this Agreement shall begin when the <br /> agreement is executed by both parties and shall remain in effect until the Section <br /> 5310 funds are no longer available or until such time as the Agreement is <br /> terminated by the parties hereto. If the term of this Agreement has not expired <br /> before 11:59 P.M. on June 30, 2027, it shall expire at that time. <br /> 9. Amendments. This Agreement may be amended by mutual agreement of the City <br /> and County at any time by execution of a written agreement. <br /> 10. Termination. This Agreement may be terminated by either party by providing one <br /> year written notice to other party. <br /> 11. State Law Provisions. <br /> a) E-Verify Requirements. (A) If this contract is awarded pursuant to North <br /> Carolina General Statutes (NCGS) 143-129—(i)the contractor represents <br /> and covenants that the contractor and its subcontractors comply with the <br /> requirements of Article 2 of Chapter 64 of the NCGS; (ii) the words <br /> "contractor," "contractor's subcontractors," and "comply" as used in this <br /> subsection(A) shall have the meanings intended by NCGS 143-1290); <br /> and (iii)the City is relying on this subsection(A) in entering into this <br /> contract. (B) If this contract is subject to NCGS 143-133.3,the contractor <br /> and its subcontractors shall comply with the requirements of Article 2 of <br /> Chapter 64 of the NCGS. <br /> b) Iran Divestment Act Certification. Each party to this contract certifies for <br /> itself that as of the date that this contract is entered into, it is not identified <br /> on the Iran List. It is a material breach of contract for a party to be <br /> identified on the Iran List during the term of this contract or to utilize on <br /> this contract any subcontractor that is identified on the Iran List. In this <br /> Iran Divestment Act Certification section, "Iran List"means the Final <br /> Divestment List—Iran, the Parent and Subsidiary Guidance—Iran list, and <br /> all other lists issued from time to time by the N.C. State Treasurer to <br /> comply with G. S. 147-86.58 of the N.C. Iran Divestment Act. <br /> 12. Miscellaneous <br /> a) Choice of Law and Forum; Service of Process. This contract shall be <br /> deemed made in Durham County,North Carolina. This contract shall be <br /> governed by and construed in accordance with the law of North Carolina. <br /> The exclusive forum and venue for all actions arising out of this contract <br /> shall be the North Carolina General Court of Justice, in Durham County. <br /> 5 <br />