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APPENDIX C - SAMPLE WEATHERIZATION ASSISTANCE PROGRAM SUBCONTRACTOR AGREEMENT (ARRA FY2012) This document is representative of the agreements used by the 28 sub - grantees of the State Energy Office's Weatherization Assistance Program. Applicants should be aware of these terms and conditions but should NOT complete and execute this agreement. It is provided for reference purposes only. This Agreement is hereby entered into by and between (Sub - grantee, herein "Contractor ") and (Subcontractor) WITN ESSETH WHEREAS, the Contractor has entered into a Weatherization Assistance Program Agreement with the North Carolina Department of Commerce, Energy Division, State Energy Office agency, whereby it has agreed to perform certain weatherization activities pursuant to the Weatherization Assistance Program in North Carolina and; WHEREAS, the Contractor, as a result of the utilization of its agency procurement procedures determined that the subcontractor is the lowest responsible bidder and; WHEREAS, the Subcontractor has agreed to undertake the services set forth in Schedule A to fulfill all responsibilities of this Agreement relating to the Project. NOW, THEREFORE, in furtherance of the Weatherization Assistance Program, and in consideration and the mutual promises and obligations herein provided, the parties do mutually agree as follows: 1. Term of Agreement This Agreement shall begin on (Commencement Date) and shall terminate on (Termination Date) 2. Compensation The Contractor agrees to pay the Subcontractor for services rendered under the terms and conditions of this Contract, subject to any additions and deductions, the reimbursement cost of materials and labor hours set forth in Schedule B (Price Agreement). 3. Entire Agreement This Agreement, together with any attachments appended prior to the execution of the Agreement, constitutes the entire Agreement between the parties and shall not be changed, modified or altered in any manner except by an instrument in writing executed by the parties. 4. Notices Any notice to be given pursuant to this Agreement shall be deemed sufficient if given in writing to the address indicated in this Agreement, or such other address as may be specified in writing, and if given by certified mail, return receipt requested, and unless date of receipt is specified herein, such notice shall be deemed given when mailed. 5. Subcontractor's Obligations The Subcontractor agrees: A. To perform the services provided for in Schedule A (Scope of Services) attached. The services provided by the subcontractor may not be contracted out to any other organization or company. Solicitation No. 2011WXSSP Pape 28 of 53 Attachment number 1 F -4 Page 140