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DocuSign Envelope ID:847BA5A1-CA01-4305-A31D-3C3DABB304E8 <br /> the HOME Awardee jointly, and reimburse the County for any loss, cost, damage, or <br /> expense, including attorney fees suffered or incurred by the County. <br /> L. Subcontracting. The HOME Awardee shall not subcontract work under this <br /> Agreement, in whole or in part, without the County's prior written approval. The <br /> HOME Awardee shall require any approved subcontractor to agree, as to the portion <br /> subcontracted, to comply with all applicable federal, state, and local laws, rules, <br /> ordinances, and regulations at all times and in the performance of the work and to <br /> comply with all applicable obligations of the HOME Awardee specified in this <br /> contract. Notwithstanding County's approval of a subcontractor, the HOME Awardee <br /> shall remain obligated for full performance of this contract and County shall incur no <br /> obligation to any subcontractor. The HOME Awardee shall indemnify, defend, and <br /> hold County harmless from all claims of its contractors. By executing this Agreement <br /> the HOME Awardee affirms that they and any subcontractors of the HOME Awardee <br /> are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina <br /> General Statutes. The HOME Awardee 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 the HOME Awardee each agree and <br /> acknowledge that nothing contained herein or otherwise, including, without <br /> limitation, any act of the County and the HOME Awardee under this Agreement, <br /> shall be deemed or construed to create any relationship of joint venture,partnership or <br /> 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 <br /> remedy upon the breach by the HOME Awardee of any of its obligations, agreements, <br /> or covenants hereunder, shall be a waiver of such affected term or condition or of <br /> such breach; nor shall any forbearance by the County to seek a remedy for any breach <br /> by the HOME Awardee be a waiver by the County of its rights and remedies with <br /> respect to that or any other breach. <br /> O. Governing Law. This Agreement shall be construed in accordance with and <br /> governed by the laws of the State of North Carolina. Any litigation arising out of this <br /> Agreement shall be brought in courts sitting in North Carolina, with venue in Orange <br /> County. <br /> P. Severability. The provisions of this Agreement are independent of and separable <br /> from each other, and no provision shall be affected or rendered invalid or <br /> unenforceable by the fact that for any reason any other provision may be invalid or <br /> unenforceable in whole or in part. If any provision of this Agreement or the <br /> application thereof to any person or circumstances shall, to any extent, be or become <br /> invalid or unenforceable, the remainder of this Agreement, or the application of such <br /> provision to persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected thereby, and each provision of this Agreement <br /> 10 <br />