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2014-655 Econ Dev - NC Arts Council grassroots arts program grant
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2014-655 Econ Dev - NC Arts Council grassroots arts program grant
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12/20/2018 4:29:41 PM
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Agenda - 02-04-2014 - 6f
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 02-04-2014 - Regular Mtg.
Agenda - 09-04-2014 - 4a
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 09-04-2014 - Regular Mtg.
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6 . Indemnification : The Grantee shall hold and save the State , its officers , agents , and employees , harmless from liability <br /> of any kind , including all claims and losses accruing or resulting to any other person , firm , or corporation furnishing or <br /> supplying work , services , materials , or supplies in connection with the performance of this Contract , and from any and <br /> all claims and losses accruing or resulting to any person , firm , or corporation that may be injured or damaged by the <br /> Grantee in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of <br /> the Grantee provided that the Grantee is notified in writing within 30 days that the State has knowledge of such <br /> claims . The Grantee represents and warrants that it shall make no claim of any kind or nature against the State ' s <br /> agents who are involved in the delivery or processing of Grantee goods to the State . The representation and warranty <br /> in the preceding sentence shall survive the termination or expiration of this Contract . <br /> 7 . Termination by Mutual Consent : The Parties may terminate this Contract by mutual consent with 60 days notice to <br /> the other Party, or as otherwise provided bylaw . In that event , all finished or unfinished deliverable items prepared by <br /> the Grantee under this Contract shall , at the option of the Agency , become its property . If the Contract is terminated <br /> by the Agency as provided herein , the Grantee shall be paid for services satisfactorily completed , less payment or <br /> compensation previously made . <br /> 8 . Termination for Cause : If, through any cause , the Grantee shall fail to fulfill its obligations under this Contract in a <br /> timely and proper manner, the Agency shall have the right to terminate this Contract by giving written notice to the <br /> Grantee and specifying the effective date thereof. In that event , all finished or unfinished deliverable items prepared <br /> by the Grantee under this Contract shall , at the option of the Agency , become its property and the Grantee shall be <br /> entitled to receive just and equitable compensation for any satisfactory work completed on such materials , minus any <br /> payment or compensation previously made . Notwithstanding the foregoing provision , the Grantee shall not be relieved <br /> of liability to the Agency for damages sustained by the Agency by virtue of the Grantee ' s breach of this agreement , and <br /> the Agency may withhold any payment due the Grantee for the purpose of setoff until such time as the exact amount <br /> of damages due the Agency from such breach can be determined . <br /> In case of default by the Grantee , the State may procure the services from other sources and hold the Grantee <br /> responsible for any excess cost occasioned thereby. The State reserves the right to require a performance bond or <br /> other acceptable alternative performance guarantees from successful offeror without expense to the State . <br /> In addition , in the event of default by the Grantee under this Contract , the State may immediately cease doing business <br /> with the Grantee , immediately terminate for cause all existing contracts the State has with the Grantee , and de - bar <br /> the Grantee from doing future business with the State . <br /> Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the <br /> Grantee , the State may immediately terminate , for cause , this Contract and all other existing contracts the Grantee has <br /> with the State , and de - bar the Grantee from doing future business . <br /> 9 . Waiver of Default : Waiver by the Agency of any default or breach in compliance with the terms of this Contract by <br /> the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be <br /> modification of the terms of this Contract unless stated to be such in writing , signed by an authorized representative <br /> of the Agency and the Grantee and attached to the Contract . <br /> 10 . Availability of Funds : The Parties to this Contract agree and understand that the payment of the sums specified in <br /> this Contract is dependent and contingent upon and subject to the appropriation , allocation , and availability of funds <br /> for this purpose to the Agency . <br /> Rev . 7/2014 Governmental Page 4 of 9 <br />
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