|
DocuSign Envelope ID:002619DF-54F2-4EEA-B4A8-14714544BAC0
<br /> 8. No Assignment. No transfer or assignment of the interest of the Owner in this
<br /> Agreement shall occur without the prior written consent of the County;neither may the
<br /> Owner assign this Agreement without the prior written consent of County.
<br /> 9. Conflict of Interest. The Owner agrees to abide by the provisions of 24 CFR 92.356(f)
<br /> and 24 CFR 570.611, as applicable with respect to conflicts of interest, and covenants
<br /> that it presently has no financial interest and shall acquire any financial interest, direct
<br /> or indirect, that would conflict in any manner or degree with the performance of
<br /> services required under this Agreement. The Owner further covenants that in
<br /> performance of this Agreement no person having such a financial interest shall be
<br /> employed or retained by the Owner hereunder. These conflicts of interest provisions
<br /> apply to any person who is an employee, agent, consultant, or elected official or
<br /> appointed official of the County, or any designated public agencies or subrecipients
<br /> that are receiving funds under the County HOME Investment Partnership Program.
<br /> 10. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
<br /> of the parties hereto and their respective successors and assigns.
<br /> 11. Indemnification. To the extent legally possible, the Owner shall indemnify and hold
<br /> County, its officers, agents, and employees, harmless from and against any and all
<br /> claims, actions, liabilities, costs, including attorney fees and other costs of defense,
<br /> arising out of or in any way related to any act or failure to act by the Owner, its
<br /> employees, agents, officers, and contractors in connection with this contract. In the
<br /> event any such action or claim is brought against County, the Owner shall, upon
<br /> County's tender,defend the same at the Owner's sole cost and expense,promptly satisfy
<br /> any judgment adverse to County or to County and the Owner jointly,and reimburse the
<br /> County for any loss, cost, damage, or expense, including attorney fees suffered or
<br /> incurred by the County.
<br /> 12. Subcontracting. The Owner shall not subcontract work under this Agreement, in
<br /> whole or in part, without the County's prior written approval. The Owner shall require
<br /> any approved subcontractor to agree, as to the portion subcontracted, to comply with
<br /> all applicable federal, state, and local laws, rules, ordinances, and regulations at all
<br /> times and in the performance of the work and to comply with all applicable obligations
<br /> of The Owner specified in this contract. Notwithstanding County's approval of a
<br /> subcontractor, The Owner shall remain obligated for full performance of this contract
<br /> and County shall incur no obligation to any subcontractor. The Owner shall indemnify,
<br /> defend, and hold County harmless from all claims of its contractors. By executing this
<br /> Agreement Owner affirms that they and any subcontractors of Owner are and shall
<br /> remain in compliance with Article 2 of Chapter 64 of the North Carolina General
<br /> Statutes. Owner also certifies that they have not been identified, and have not utilized
<br /> the services of any agent or subcontractor, on the list created by the State Treasurer
<br /> pursuant to G.S. § 147-86.58.
<br /> 13. No Joint Venture or Agency. The County, the Owner each agree and acknowledge
<br /> that nothing contained herein or otherwise, including,without limitation, any act of the
<br />
|