4-19-21 BOC Regular Meeting - Laserfiche WebLink

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arising out of or relating to any and all claims, liens, demands, obligations,actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due, in whole or in part, to the negligence of the Contractor, its officers,employees,subcontractors or agents. Contractor further agrees to investigate,handle, respond to,provide defense for,and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto. l6. DEFAULT/TERMINATION. If Contractor fails or refuses to supply sufficient and properly skilled labor,equipment or materials, or fails in any respect to diligently prosecute Work,or otherwise is in default or breach of any term of this Agreement,County may terminate this Agreement upon 24 hours'written notice. In the event of such termination,Contractor immediately will stop work and remove its employees from County's property. County may complete the Work in whatever way it determines best,and at completion of the Work shall pay Contractor for the value of the Work performed by Contractor(excluding profit)but unpaid prior to the termination, less any costs incurred by County to correct any deficiencies or defects attributable to Contractor's work. 17. TERMINATION FOR CONVENIENCE. County may terminate this Agreement at any timc upon three(3)days' written notice to Contractor. Such termination shall be effective in the manner specified in such written notice. Upon a termination for convenience, County shall pay Contractor for Work performed to the date of termination. Contractor shall accept such payment in full and final payment and shall make no claim of any kind against County, including but not limited to any claim for any additional payment. 18. ASSIGNMENT. Neither this Agreement, nor any payments to be earned pursuant to this Agreement,may be assigned by Contractor without the prior written consent of County. 19. NO WAIVER. County's not insisting upon strict compliance with any of the provisions of this Agreement,or not exercising any of its options provided herein, shall not be construed as a waiver of its right thereafter to require such compliance or to exercise any such options. 20. E-VERIFY. E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program, used to verify the work authorization of newly hired employees pursuant to federal law. Contractor shall ensure that Contractor and any subcontractor performing work under this Agreement: (i)uses E-Verify if required to do so by North Carolina law; and (ii)otherwise complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. A breach of this provision by Contractor will be considered a breach of this Agreement,which entitles County to terminate this Agreement,without penalty,upon notice to Contractor. 4