Minutes - Jan. 9, 2012 Regular Meeting

Home Browse Search

® • a r 4 P3 and all subcontractors, material men, laborers and an other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the Project and the performance of this Agreement and from any and all claims and losses accruing or resulting to any person, fine, or corporation who may be injured or damaged by the GRANTEE or its agents in the performance of the Project and this Agreement. 13. Entire A Bement. This agreement supersedes all prior agreements between the CENTER and the GRAN FEE, and expresses their entire understanding with respect to the transactions contemplated herein and shall not be amended, modified or altered except pursuant to a writing signed by both the GRANTEE and the CENTER. 14. GRANTEE Representations and Warranties The GRANTEE hereby represents and warrants that (a) The GRANTEE is a unit of local government located in one of the state's 85 rural counties or an economically distressed urban county designated as Tier 1, 2, or 3 by the North Carolina Department of Commerce. (b) The execution and delivery of this Agreement have been duly authorized.by all necessary GRANTEE action and are not in contravention of law nor in contravention of the provisions of any indenture agreement or undertaking to which it is a party or by which it is bound. (c) There is no action, suit proceeding, or investigation at law or in equity or before any court, public board or body ending, or to the GRANTEE'S knowledge, threatened against or affecting it, that could or m� t adversely affect the Project or any of the transactions contemplated by this Agreement or a validity or enforceability of this Agreement or the GRANTEE'S ability to discharge its obligations under this Agreement. If it is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project, the GRANTEE shall be liable to the CENTER for repayment of the entire amount of the grant and this Agreement may be terminated by the CENTER effective upon notice. (d) No consent or approval is necessary from any governmental authority as a condition to the execution and delivery of this Agreement by the GRANTEE or the performance of any of its obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The GRANTEE shall provide the CENTER with evidence of the existence of any such necessary consents or approvals at the time of the execution of this Agreement. (e) The GRANTEE is solvent. 15. Special Provisions and Conditions (a) Nondiscrimination. The GRANTEE agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap related to the activities of this Agreement. (b) Conflict of Interest. The GRANTEE certifies that to the best of its knowledge no GRANTEE employee or officer of the GRANTEE has any pecuniary interest in the business of the CENTER or of the Agreement, and that no person associated with the GRANTEE has any interest that would conflict in any manner with the performance of the Agreement. (c) Compliance with Laws. The GRANTEE shall at all times observe and comply with all laws, ordinances, and regulation of the State, Federal and Local governments which may in any manner affect the performance of the Agreement. (d) Non - Assignability. The GRANTEE shall not assign any interest in the A Bement and shall not transfer an interest in the same without prior written consent of the CTER; provided, however, that claims for money due to the GRANTEE from the CENTER under this Agreement may be assigned to any commercial bank or other financial institution without such approval.