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Contract No. TJCOG— CBS -004
<br />Division of the DOE, or related to an investigation of the Inspector General's Office, arising from the
<br />Contractor's failure to cure its non - performance or non - compliance with the Contract terms upon notice of such
<br />nonperformance or non - compliance.
<br />TJCOG shall indemnify, hold harmless and, at Contractor's election, defend Contractor, its directors, officers,
<br />employees, and agents from and against all losses, costs, claims, penalties, causes of action, damages, liabilities,
<br />fees, and expenses, including, but not limited to, reasonable: attorneys' fees, all expenses of litigation and/or
<br />settlement, and court costs, arising from or related to any act or omission of TJCOG, its directors, officers,
<br />employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this
<br />contract. If any judgment shall be rendered against Contractor in any such action or actions, then TJCOG shall
<br />satisfy and discharge the same without cost or expense to Contractor.It is the intent of this section to require
<br />TJCOG to indemnify the Contractor to the extent permitted under North Carolina law.
<br />ARTICLE 4. SCOPE OF WORK
<br />The Contractor shall supply or provide for all the necessary personnel, equipment, and materials (except as may
<br />be otherwise provided herein) to accomplish the tasks set forth on the attached Scope of Work and Budget
<br />(ATTACHMENTS A and B respectively), in the event of a conflict between the summary in Attachments A and
<br />B and the application and/or other supporting documents previously submitted to TJCOG by the Contractor,
<br />Attachments A and B shall control. Changes to the Scope of Work may be made only by written agreement of
<br />both TJCOG and the Contractor.
<br />ARTICLE 5. STANDARDS OF PERFORMANCE
<br />The Contractor shall perform the project and activities as set forth in the Contract Application and described
<br />herein in accordance with those standards established by statute, administrative rule, and any applicable
<br />professional standards.
<br />ARTICLE 6. PERIOD OF PERFORMANCE
<br />The effective period of this Agreement shall be from May 1, 2010 through April 20, 2014unless otherwise
<br />provided for by amendment to this Agreement.
<br />ARTICLE 7. SUBLET OR ASSIGNMENT OF AGREEMENT
<br />The Contractor, its agents, or subcontractors shall not sublet or assign all or any part of the work under this
<br />Agreement without prior written approval of TJCOG. TJCOG reserves the right to reject any subcontractor
<br />after notification. The Contractor must provide TJCOG with a copy of any executed subcontract or accepted
<br />subcontractor bid for the purpose of administering this Agreement which relates to activities funded and which
<br />exceeds the amount shown in ATTACHMENT B. The Contractor shall be responsible for all matters involving
<br />any subcontractor engaged under this Agreement, including contract compliance, performance, and dispute
<br />resolution between itself and a subcontractor. TJCOG bears no responsibility for subcontractor compliance,
<br />performance, or dispute resolution hereunder.
<br />ARTICLE 8. NONDISCRUAINATION IN EMPLOYMENT
<br />In connection with the performance of work under this Agreement, the, Contractor agrees not to discriminate
<br />against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical
<br />condition, developmental disability, sexual orientation or national origin. This provision shall include, but not
<br />be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
<br />including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take
<br />affirmative action to ensure equal employment opportunities. The Contractor agrees to post in conspicuous
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