Orange County NC Website
Browse       Search
October 2020 1.0 2 <br /> <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 /> <br />4. Indemnity <br /> <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 /> <br />5. Third Party Rights <br /> <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 /> <br />6. Amendments to the Agreement <br /> <br />a. Changes. Changes shall be made by a written Amendment to this Agreement executed by <br />the County and the Property Owner. <br /> <br />7. Termination <br /> <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 /> <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 /> <br />c. Suspension. County may suspend this Agreement at any time for County’s convenience. <br />DocuSign Envelope ID: EFDE355B-9F69-40CD-B000-70AC976B9629