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Agenda 04-16-24; 8-f - Approval of Orange County Agreement – Freeway, Arterial, Street, and Tactical (FAST) 2.0 Study
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Agenda 04-16-24; 8-f - Approval of Orange County Agreement – Freeway, Arterial, Street, and Tactical (FAST) 2.0 Study
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4/11/2024 10:25:38 AM
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BOCC
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4/16/2024
Meeting Type
Business
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Agenda
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8-f
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7 <br /> ACCOUNTS RECEIVABLE <br /> NCDOT ADMINISTERED—FAST TRANSIT PRIORITY STUDY <br /> 1000019673 <br /> The Parties hereby acknowledge that the individual executing this Agreement has read this <br /> Agreement, conferred with legal counsel, fully understands its contents, and is authorized to <br /> execute this Agreement and to bind the respective Parties to the terms contained herein. <br /> H. DEBARMENT POLICY <br /> It is the policy of the Department not to enter into any agreement with parties that have been <br /> debarred by any government agency (Federal or State). By execution of this agreement, the <br /> County certifies that neither it nor its agents or contractors are presently debarred, <br /> suspended, proposed for debarment, declared ineligible or voluntarily excluded from <br /> participation in this transaction by any Federal or State Agency or Department and that it will <br /> not enter into agreements with any entity that is debarred, suspended, proposed for <br /> debarment, declared ineligible or voluntarily excluded from participation in this transaction. <br /> I. INDEMNIFICATION <br /> To the extent authorized by state and federal claims statutes, the County shall be responsible <br /> for its actions under the terms of this agreement and save harmless the FHWA (if applicable), <br /> the Department, and the State of North Carolina, their respective officers, directors, <br /> principals, employees, agents, successors, and assigns from and against any and all claim <br /> for payment, damages and/or liabilities of any nature, asserted against the Department in <br /> connection with this Agreement. The Department shall not be liable and shall be held <br /> harmless from any and all third-party claims that might arise on account of the County's <br /> negligence and/or responsibilities under the terms of this agreement. <br /> J. AVAILABILITY OF FUNDS <br /> All terms and conditions of this Agreement are dependent upon, and, subject to the allocation <br /> of funds for the purpose set forth in the Agreement and the Agreement shall automatically <br /> terminate if funds cease to be available. <br /> K. DOCUSIGN <br /> The Department and the County acknowledge and agree that the electronic signature <br /> application DocuSign may be used, at the sole election of the Department or the County, to <br /> execute this Agreement. By selecting "I Agree", "I Accept", or other similar item, button, or <br /> icon via use of a keypad, mouse, or other device, as part of the DocuSign application, the <br /> Department and the County consent to be legally bound by the terms and conditions of <br /> Agreement and that such act constitutes the Department's signature as if actually signed by <br /> the Department in writing or the County's signature as if actually signed by the County in <br /> writing. The Department and the County also agree that no certification authority or other <br /> third-party verification is necessary to validate its electronic signature and that the lack of such <br /> certification or third-party verification will not in any way affect the enforceability of its <br /> electronic signature. The Department and the County acknowledge and agree that delivery <br /> of a copy of this Agreement or any other document contemplated hereby through the <br /> 5 <br />
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