AG 2008 02 18 - Laserfiche WebLink

Home Browse Search

14. Publications. a. The e-NC logo (digital versions of which can be downloaded from the e-NC website at http:!/www.e-nc.org) shall be displayed properly in all of GRANTEE'S publicity and printed. materials relating to this grant. 15. Termination: Availabilit~f Funds. a. If the GRANTEE shall fail for any reason to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants or stipulations of tlris Agreement, the e-NC or its Agent shall thereupon. have the right to terminate rllis AgreemenC by giving written notice to the GRANTEE of such termination and by specifying the effective date of termination. In such event, the CENTER shall have no responsibility to make additional payments under this Agreement after the Termination Date. No further expenditures shall be made under this Agreement except for such work as shall have already been performed prior to the Termination Date and the GRANTEE shall repay all unspent gran[ funds upon the demand of the CENTER. b. It is understood that the CENTER'S obligation to pay any amounts under this Agreement is contingent upon the availability and continuation of funds for such purpose. In the event that funds for this Project become unavailable, the CENTER may terminate this Agreement upon thirty (30) days written notice to the GRANDEE. All obligations of the CENTER to make payments under this Agreement shall- cease as of the Termination Date. c. The Parties may terminate this Agreement by mutual consent upon sixty (60) days notice. Notice may be given by either parry to the other at the addresses and to the attention of the Pazty's representative specified in Pazagraph 23 below. . 16. Liabilities and boss: The CENTER and the e-NC assume no liability with respect to accidents, bodily injury, illness, breach of contract or any other damages, claims, or losses arising out of any activities undertaken by the GRANTEE under this Ageement, whether with respect to persons or property. of the GRANTEE, or thud pazties. The GRANTEE agrees to obtain insurance to protect itself and others as it may deem desirable, or, if it elects not to obtain such insurance, it represents that it has adequate resources available to it for this purpose. Further, the GRANTEE agrees to indemnify, defend and save harmless the CENTER and the e-NC, and their respective officers, agents and employees against any liability, including costs and expenses and attorneys fees, for the GRANTEES violation bf any proprietary right or right of privacy arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any information published resulting from the work of the Project or based on any libelous or other unlawful matter contained in such information. The GRANTEE also further agrees to indemnify, defend and save hazmless the CENTER and the e-NC, and their respective officers, agents and employees from any and all claims and losses accruing or resulting to any and all subcontractors, laborers and any other person, first 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, firm, or corporation Who may be injured or damaged by the GRANTEE or its agents in the performance of the Project. 17. Entire Agreement. This Agreement supersedes all prior agreements between the CENTER and the GRANTEE, and expresses the entire understanding of the Pazties 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. 1 S. Grantee Representation and Warranties. The GRANTEE hereby represents and warrants-that: a. The GRANTEE is duly organized. and validly existing under the laws of the State of North Carolina. b. This Agreement constitutes a binding obligation of GRANTEE, enforceable against it in accordance with its terms. The execution and delivery of this Agreement have been duly.. authorized by all necessazy actiGon on the pazf of GRANTEE, and does not violate any r ~~ - Page 5 of 12