Orange County NC Website
DocuSign Envelope ID: 1648A5F0-E971-4EFC-B3FA-2F3021D11A69 <br /> Contracts for the installation of the private sewer lateral connections and associated work <br /> shall clearly state that neither the County nor the Towns shall have any financial <br /> responsibility or liability beyond providing the financial assistance and arranging for <br /> payment to the contracted plumbers (other than any permitting or inspections <br /> responsibilities they may have in their governmental capacities). Said contracts shall <br /> provide that the contracting plumbers shall indemnify and hold harmless the Parties for <br /> any and all claims arising out of the contracting plumbers' work for the Property Owner. <br /> 4. Indemnity <br /> a. Indemnity. The Property Owner agrees,without limitation, to defend, indemnify and hold <br /> harmless the County, the Town of Carrboro and the Town of Chapel Hill from all loss, <br /> liability, claims or expense, including attorney's fees, arising out of or related to the Work <br /> and arising from property damage or bodily injury including death to any person or <br /> persons caused in whole or in part by the negligence or misconduct of either the Property <br /> Owner or Provider except to the extent same are caused by the negligence or willful <br /> misconduct of the County. Neither the County nor the Towns shall have any financial <br /> responsibility or liability beyond providing the financial assistance and arranging for <br /> payment to the contracted plumbers (other than any permitting or inspections <br /> responsibilities they may have in their governmental capacities). It is the intent of this <br /> provision to require the Property Owner to indemnify the County and Towns to the fullest <br /> extent permitted under North Carolina law. <br /> 5. Third Party Rights <br /> a. Third Party Rights. Nothing in this Agreement is intended to create, grant, or convey <br /> rights in or to any third party. Nothing herein is enforceable by any third party and the <br /> rights of the parties hereto to terminate or amend this Agreement are not subject to the <br /> consent of any third party. <br /> 6. Amendments to the Agreement <br /> a. Changes. Changes shall be made by a written Amendment to this Agreement executed by <br /> the County and the Property Owner. <br /> 7. Termination <br /> a. Termination for Convenience of the County. This Agreement may be terminated without <br /> cause by the County and for its convenience upon seven (7) days prior written notice to <br /> the Property Owner. <br /> b. Waiver. The payment of any sums by the County under this Agreement or the failure of <br /> the County to require compliance by the Property Owner with any provisions of this <br /> Agreement or the waiver by the County of any breach of this Agreement shall not <br /> constitute a waiver of any claim for damages by the County for any breach of this <br /> Agreement or a waiver of any other required compliance with this Agreement. <br /> c. Suspension. County may suspend this Agreement at any time for County's convenience. <br /> October 2020 1.0 2 <br />