Orange County NC Website
Contract No. 91 -43 <br />Page 4 of 6 8 <br />Persons whether in contract or tort, as in any way connected with the <br />performance of the project covered by this Agreement. <br />Further, the County expressly releases the State of North Carolina <br />from any liability or any losses or damages suffered by the County, <br />directly or indirectly, from or in any way connected with the performance <br />of this Agreement. <br />16. Method of Payment. Upon determination by the Land Records <br />Management Program that the services identified in Attachment A have been <br />satisfactorily completed, and Land Records Management Program shall notify <br />the EHNR to pay the amount set forth in Paragraph 14. Such sum shall be <br />paid in every case subject to receipt of a signed requisition for payment in <br />connection with quarterly progress reports required under Paragraph 13. <br />The County shall be paid in a lump sum or as progress payments by <br />the EHNR . If all work specified for completion is not completed, payment <br />shall be made on the basis of the percentage of work completed. <br />Lump sum payments will be made only upon completion of all work and <br />approval of the Land Records Management Program. <br />17. Designation and ] � to ent of Contractor. To carry out the <br />Work Program, Attachment A, of this Agreement, the County may utilize the <br />services of its in -house staff or it may contract for the services to be <br />performed therein with a private business or public agency. Prior to the <br />execution of a contract, or the use of its in -house staff, the County shall <br />provide the Land Records Management Program: <br />(A) A resume of the Contractor for the project. <br />(B) A copy of the proposed contract between the County and the <br />Contractor. <br />(C) A work plan or schedule showing when the Deliverable Items <br />covered by the contract are to be completed, as well as the <br />cost for each Deliverable Item. <br />The County shall ensure that (a) the standards established by the <br />Land Records Management Program are satisfied, and (b) the contract meets <br />the requirements of this Agreement. <br />18. Availability <br />of Funds. <br />It is understood <br />and agreed <br />between the <br />Contractor and <br />the <br />Agency that <br />the payment of <br />compensation <br />specified in <br />this agreement, <br />its <br />continuation <br />or any renewal <br />or extension <br />thereof, is <br />dependent upon <br />and <br />subject to the allocation and <br />appropriation <br />of funds to <br />the Agency for <br />the purposes set <br />forth in this agreement. <br />