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<br />designated public agencies or subrecipients that are receiving funds under the County
<br />HOME Investment Partnership Program.
<br />J. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
<br />the parties hereto and their respective successors and assigns.
<br />K. Indemnification. To the extent legally possible, CHT shall indemnify and hold County,
<br />its officers, agents, and employees, harmless from and against any and all claims, actions,
<br />liabilities, costs, including attorney fees and other costs of defense, arising out of or in any
<br />way related to any act or failure to act by CHT, its employees, agents, officers, and
<br />contractors in connection with this contract. In the event any such action or claim is
<br />brought against County, CHT shall, upon County's tender, defend the same at CHT’s sole
<br />cost and expense, promptly satisfy any judgment adverse to County or to County and CHT
<br />jointly, and reimburse the County for any loss, cost, damage, or expense, including
<br />attorney fees suffered or incurred by the County.
<br />L. Subcontracting. CHT shall not subcontract work under this Agreement, in whole or in
<br />part, without the County's prior written approval. CHT shall require any approved
<br />subcontractor to agree, as to the portion subcontracted, to comply with all applicable
<br />federal, state, and local laws, rules, ordinances, and regulations at all times and in the
<br />performance of the work and to comply with all applicable obligations of CHT specified
<br />in this contract. Notwithstanding County's approval of a subcontractor, CHT shall remain
<br />obligated for full performance of this contract and County shall incur no obligation to any
<br />subcontractor. CHT shall indemnify, defend, and hold County harmless from all claims
<br />of its contractors. By executing this Agreement Owner affirms that they and any
<br />subcontractors of Owner are and shall remain in compliance with Article 2 of Chapter 64
<br />of the North Carolina General Statutes. Owner also certifies that they have not been
<br />identified, and have not utilized the services of any agent or subcontractor, on the list
<br />created by the State Treasurer pursuant to G.S. § 147-86.58.
<br />M. No Joint Venture or Agency. The County and CHT each agree and acknowledge that
<br />nothing contained herein or otherwise, including, without limitation, any act of the County
<br />and CHT under this Agreement, shall be deemed or construed to create any relationship
<br />of joint venture, partnership or agency between the parties.
<br />N. Effect of Waiver or Forbearance. No failure by the County to insist upon the strict
<br />performance of any term or condition of this Agreement, or to exercise any right or remedy
<br />upon the breach by CHT of any of its obligations, agreements, or covenants hereunder,
<br />shall be a waiver of such affected term or condition or of such breach; nor shall any
<br />forbearance by the County to seek a remedy for any breach by CHT be a waiver by the
<br />County of its rights and remedies with respect to that or any other breach.
<br />O. Governing Law. This Agreement shall be construed in accordance with and governed
<br />by the laws of the State of North Carolina. Any litigation arising out of this Agreement
<br />shall be brought in courts sitting in North Carolina, with venue in Orange County.
<br />DocuSign Envelope ID: BDBF6EEB-BEEA-472C-85F1-0820A6F699C3
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