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official of the County, or any designated public agencies or subrecipients that are
<br />receiving funds under the Orange County HOME Investment Partnership
<br />Program.
<br />
<br />J. Binding Effect. This Agreement shall be binding upon and shall inure to the
<br />benefit of the parties hereto and their respective successors and assigns.
<br />
<br />K. Indemnification. To the extent legally possible, the HOME Awardee shall
<br />indemnify and hold County, its officers, agents, and employees, harmless from
<br />and against any and all claims, actions, liabilities, costs, including attorney fees
<br />and other costs of defense, arising out of or in any way related to any act or
<br />failure to act by the HOME Awardee, its employees, agents, officers, and
<br />contractors in connection with this contract. In the event any such action or claim
<br />is brought against County, HOME Awardee shall, upon County's tender, defend
<br />the same at the HOME Awardee’s sole cost and expense, promptly satisfy any
<br />judgment adverse to County or to County and the HOME Awardee jointly, and
<br />reimburse the County for any loss, cost, damage, or expense, including attorney
<br />fees suffered or incurred by the County.
<br />
<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
<br />portion subcontracted, to comply with all applicable federal, state, and local
<br />laws, rules, ordinances, and regulations at all times and in the performance of the
<br />work and to comply with all applicable obligations of the HOME Awardee
<br />specified in this contract. Notwithstanding County's approval of a subcontractor,
<br />the HOME Awardee shall remain obligated for full performance of this contract
<br />and County shall incur no obligation to any subcontractor. The HOME Awardee
<br />shall indemnify, defend, and hold County harmless from all claims of its
<br />contractors. By executing this Agreement the HOME Awardee affirms that they
<br />and any subcontractors of the HOME Awardee are and shall remain in
<br />compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
<br />The HOME Awardee also certifies that they have not been identified, and have
<br />not utilized the services of any agent or subcontractor, on the list created by the
<br />State Treasurer pursuant to G.S. § 147- 86.58.
<br />
<br />M. No Joint Venture or Agency. The County and the HOME Awardee each agree
<br />and 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,
<br />partnership or agency between the parties.
<br />
<br />N. Effect of Waiver or Forbearance. No failure by the County to insist upon the
<br />strict performance of any term or condition of this Agreement, or to exercise any
<br />right or remedy upon the breach by the HOME Awardee of any of its
<br />obligations, agreements, or covenants hereunder, shall be a waiver of such
<br />affected term or condition or of such breach; nor shall any forbearance by the
<br />County to seek a remedy for any breach by the HOME Awardee be a waiver by
<br />the County of its rights and remedies with respect to that or any other breach.
<br />Docusign Envelope ID: 9307EECF-67A0-42F5-A601-DB137FFD8FA3
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