Orange County NC Website
Browse       Search
6 <br /> the other in any <br /> the County nor the Engineer shall be obligated to indemnify party y <br /> tY g fy <br /> manner whatsoever for the other party's own negligence or for the negligence of others. <br /> Section 11 Waiver: <br /> The payment of any sums by the County under this Agreement or the failure of the <br /> County to require compliance by the Engineer with any of the provisions of this Agreement or <br /> the waiver by the County of any breach of this Agreement shall not constitute a waiver of any <br /> claim for damages by the County for any breach of this Agreement or a waiver of any other <br /> required compliance with this Agreement. <br /> Section 12—Limitation and Assignment: <br /> The County and Engineer each bind themselves, their successors, assign and legal <br /> representatives to the terms of this Agreement.Neither the County nor Engineer shall assign or • <br /> transfer its interest in this Agreement without the written consent of the other. <br /> Section 13—Governing Law: <br /> This Agreement and the duties, responsibilities, obligations and rights of respective <br /> parties hereunder shall be governed by the laws of the State of North.Carolina. <br /> Section 14—Dispute Resolution: <br /> Any and all suits or actions to enforce, interpret or seek damages with respect to any <br /> provision of, or performance or non—performance of this Agreement shall be brought in the <br /> General Court of Justice of North Carolina sitting in Orange County,North Carolina. <br /> Section 15—Entire Agreement: <br /> This Agreement together with the attachments and Addendum represents the entire and <br /> integrated agreement between the County and Engineer, and supersedes all prior negotiations, <br /> representations or agreements written or oral. Modifications may be evidenced by a facsimile <br /> signature. <br /> Section 16—Severability: <br /> If any provisions of this Agreement are held as a matter of law to be unenforceable, the <br /> remainder of this Agreement shall be valid and binding upon the parties. <br /> Section 17—Ownership of Work Product: <br /> All documents prepared or furnished by Engineer are instruments of service, and Engineer <br /> retains an ownership and property interest(including the copyright and the right of reuse) in such <br /> documents, whether or not the Task is completed. Owner shall have a limited license to use the <br /> documents on the Task, extensions of the Task, and for related uses of the Owner, subject to <br /> receipt by Engineer of full payment for all services relating to preparation of the documents and <br /> subject to the following limitations: <br /> a) Owner acknowledges that such documents are not intended or represented to be <br /> suitable for use on the Task unless completed by Engineer, or for use or reuse by Owner or others w' <br /> on extensions of the project, on any other project, or for any other use or purpose,without written <br /> verification or adaptation by Engineer; <br /> 3 <br /> ' h <br />