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P^.GF I 5 D CIO. OFFcROR:
<br />12. PATENT: The contractor shall hold and save Cabarrus County, s officers, agents and employees, harmless frorn liability of any
<br />krnu, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or
<br />appliance manufactured or, used in the performance of this contract, including use by the government.
<br />13. ADVERTISING: Contractor agrees not to use the existence of this contract or fine name of Cabarrus County as part of any
<br />commercial advertising.
<br />14. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using a internal auditors shall have access to
<br />persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with
<br />General Statute 147 -64.7 and Session Law 2010 - 1 194, Section 2I (i.e., the State Auditors and internal auditors may audit the records
<br />of the contractor during the terra of the contract to verify accounts and data affecting fees or performance).
<br />15. ASSIGNMENT: No assignment of the contractor's obligations nor the contractor's right to receive payment hereunder shall be
<br />permitted_ However, upon written request approved by the issuing purchasing authority and solely as a convenience to the
<br />contractor, Cabarrus County may:
<br />a. Forward the contractor's payment check directly to any person or entity designated by the contractor, and
<br />b. Include any person or entity designated by contractor as a joint payee on the contractor's payment check.
<br />In no event shall such approval and action obligate Cabarrus County to anyone other than the contractor and the contractor shall
<br />remain responsible for fulfillment of all contract obligations.
<br />16. INSURANCE:
<br />COVERAGE - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of
<br />such type and with such terms and limits as may be reasonably associated with the contract As a minimum, the contractor shall
<br />provide and maintain the following coverage and limits:
<br />a. Worker's Compensation - The contractor shall provide and maintain Wor'ker's Compensation Insurance, as required by the
<br />laws of North Carolina as well as employer's liability coverage with minimum limits of $150,000-00, covering all of
<br />contractor's employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the
<br />subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.
<br />b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the
<br />minimum amount of $500,000.00 Combined Single Limit (Defense cost shall be in excess of the limit of liability.)
<br />c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned vehicles,
<br />used in connection with the contract. The Motor Vehicle Insurance Coverage shall be in an amount not less than $300,000 for
<br />Bodily Injury, including Accidental Beath, to any one person and subject to the same limit for each person, in an amount not
<br />less than $500,000 on account of one accident; and Property Damage Insurance Coverage in an amount not less than
<br />$I00 ,000 /$300,000; UninsuredlUnder Insured Motorist Insurance Coverage in an amount not less than $150,000.00 and
<br />$1,000.00 medical payment.
<br />REOUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the
<br />essence of this contract All such insurance shall meet all laws ofthe State of North Carolina. Such Insurance coverage shall be
<br />obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to
<br />do business in North Carolina. The contractor shall[ at all times comply with the terms of such insurance policies and all
<br />requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this
<br />contract. l he limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the
<br />contractor's liability and obligations under the contract.
<br />17. YEAR 2600 COMPLIANCEPWARRANTY: Vendor shall ensure the product(s) and service(s) furnished pursuant to this
<br />agreement ("produce' shall include, without limitation, any piece of equipment, hardware, firmware, middleware, custom or
<br />commercial software, or internal components, subroutines, and interfaces therein) which perform any date and/or time data
<br />recognition function, calculation, or sequencing, will support a four digit year format, and will provide accurate date /time data and
<br />leap year calculations on and after December 31, 1994, at the same level of functionality for which originally acquired without
<br />additional cost to the user. 'Phis war -arty shall survive termination or expiration of the agreement.
<br />Atta number 2 \n
<br />BIDS ARE SUBJECT TO REJECTION UNLESS SUBMITTED ON THIS FORM
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