Orange County NC Website
Browse       Search
DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE <br /> SECTION . I 0E, I FICATION <br /> The parties agree to each be solely responsible for their own acts or omissions in the performance <br /> of each of their respective duties hereunder, and shall be financially and legally responsible for <br /> all liabilities, costs, damages, losses and expenses resulting from, attributable to any and all of <br /> their individual acts or omissions. No party shall have any obligation to indemnify the other, <br /> and/or its agents, employees and representatives. <br /> SECTION 9. I' DIVEST I NT ACT CERTIFICATION <br /> (Applicable only to contracts/agreements valued at $1,000.00 or more). Both parties by <br /> signing/executing this Agreement certifies that as of the date of this contract the parties are not <br /> on the Final Divestment List as created by the State Treasurer pursuant to North Carolina <br /> General Statute 147-86.58 and in compliance with the requirements of the Iran Divestment Act <br /> and North Carolina General Statute 147-86.59. Neither parties shall utilize in the performance <br /> of this contract any subcontractor that is identified on the Final Divestment List. <br /> SECTION 10.DISPUTE RESOLUTION PROCEDURE <br /> To prevent disputes and litigation, it is agreed by the parties that any claim or dispute between <br /> the parties arising from this Agreement or the services and/or materials being provided under <br /> the terms of this Agreement shall be sent to the Durham County Manager who shall appoint a <br /> qualified mediator to address the issue,with Orange County's acceptance and approval. Such <br /> request shall be submitted to the County Manager in writing within ten (10) days of the claim <br /> or dispute. <br /> Upon receipt of a timely written claim,the Manager, or his designee, shall notify the Mediator <br /> who will conduct a mediation and notify Orange County in writing of the decision within forty <br /> five (45) calendar days from the date of the submission of the claim or dispute, unless the <br /> Mediator requires additional time to gather information or allow the parties to provide additional <br /> information. <br /> The Mediator's orders,decisions and decrees shall be non-binding. Mediation,pursuant to this <br /> provision, shall be a pre-condition to initiating litigation concerning the dispute. During the <br /> pendency of any dispute and after a determination thereof,the parties to the dispute shall act in <br /> good faith to mitigate any potential damages including utilization of schedule changes and <br />