Orange County NC Website
<br />Either the County or Owner may change the person or address to which any future <br />Notice given as herein provided. <br /> <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 /> <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 sub recipients <br />that are receiving funds under the County HOME Investment Partnership Program. <br /> <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 /> <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 /> <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 />DocuSign Envelope ID: 48DDB7F3-249B-44E9-A965-4AB2E5C0F864