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Agenda Package - 01-04-10
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Agenda Package - 01-04-10
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3/22/2010 4:33:04 PM
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3/22/2010 4:29:03 PM
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Admin-Clerk
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Agenda
Committee
Board of Commissioners
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G25 <br />• Principal, provided that the Procuring Agent may also purchase Goods and Services for itself <br />from the same procurement contract(s). The Procuring Agent does not warrant, or give any <br />opinion, that this procedure, by which the procuring Agent solicits proposals and enters into <br />procurement contract(s) on behalf of the Principal, will be successful or effective. The Principal <br />shall not hold the Procuring Agent liable for any deficiencies in, or failure of, this procedure. The <br />Procuring Agency shall not be liable for any breach of the procurement contract(s) by the <br />vendor(s) or by the Principal, and the Purchase Order(s) issued by the Principal shall so state. <br />The Principal shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless <br />from, any claim by any person, firm, or corporation regarding this procedure or regarding the <br />sale or purchase of the Goods and Services. The Procuring Agent shall not be considered the <br />buyer or seller of any of the Goods and Services, and the PROCURING AGENT SHALL NOT <br />BE LIABLE TO THE PRINCIPAL ON ANY EXPRESS OR IMPLIED WARRANTIES <br />(INCLUDING BUT NOT LIMITED TO MERCHANTIABILITY OR FITNESS FOR A <br />PARTICULAR PURPOSE) with respect to any of the Goods and Services. <br />Section 8. Governing Law and Forum. This Agreement shall be construed and interpreted in <br />• accordance with the laws of North Carolina The exclusive forum and venue for all actions <br />arising out of this Agreement, that are between the parties to this Agreement, shall be the North <br />Carolina Court of Justice, in Rowan County. The preceding sentence does not govern actions <br />between the Principal and any person, firm, or corporation other than the Procuring Agent. <br />Section 9. Rowan County Policy. Rowan County is committed to ensuring that no person is <br />excluded from participating in or denied the benefits of any of the county's services on the basis <br />of race, color, national origin, sex, age, disability or socioeconomic status as protected by Title <br />VI of the Civil Rights Act of 1964 and the Executive Order on Environmental Justice. Anyone <br />believing to have been subjected to discrimination under Title VI by the county, its employees or <br />agents, are entitled to file a complaint. <br />This Agreement has been executed by the Principal and the Procuring Agent by and through <br />duly authorized representatives. <br />I.~ <br />3 <br />
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