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9. Notice. All notices and other communicarions required ox permitted by
<br />this Contract shall be in writing and shall be given either by personal delivery, fax, ox
<br />certified United States mail, return receipt requested, addressed as follows:
<br />To the County:
<br />John D. Day .
<br />County Manager
<br />PO Box 707
<br />Concord, NC 28026
<br />and
<br />Richard M. Koch
<br />County Attorney
<br />3220 Prosperity Ch. Rd
<br />Suite 220
<br />Charlotte, NC 28269
<br />To the Contractor:
<br />Jim Powell, Partner
<br />ADW Architects, PA
<br />1401 W. Morehead St, Ste 100
<br />Charlotte, NC 28208
<br />10. Indemnification. To the maximum extent allowed by law, the Contractor
<br />shall defend, indemnify, and save harmless the County, its agents, officers, and employees,
<br />from and against all charges that arise in any manner from, in connection with, ox out of this
<br />Contract as a result of the acts ox omissions of the Contractor or subcontractors ox anyone
<br />directly ox indirectly employed by any of them or anyone fox whose acts any of them may be
<br />liable, except fox damage or injury caused solely by the negligence of the County, its agents,
<br />officers ox employees. In pexformuig its duties under this section, the Contractor shall at its
<br />sole expense defend the County, its agents, officers and employees with legal counsel
<br />reasonably acceptable to County. As used in this subsection - "charges" means claims,
<br />judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties,
<br />royalties, settlements, expenses, interest, reasonable attorneys fees, and amounts for alleged
<br />violations of sedimentation pollution, erosion control, pollution ox other environmental
<br />laws, regulations, ordinances, rules ox orders. Nothing in this section is in addition to and
<br />shall be construed separately from any other indemnification provision that may be in this
<br />Contract. This section shall remain in force despite termination of this Contract (whether by
<br />expiration of the term ox otherwise) and termination of the Services of the Contract.
<br />11. Bankruptcv. If any bankruptcy ox insolvency proceedings are commenced
<br />against Contractor and axe not dismissed within sixty (60) days after service of such
<br />proceeding on Contractor, or if Contractor shall file a petition in bankruptcy or fox
<br />reorganization ox to effect a plan or other arrangement with creditors, ox be adjudicated
<br />bankrupt ox make an assignment fox the benefit of creditors, ox be dissolved ox liquidated, ox
<br />shall admit in writing its inability to pay its debts generally as they become due, or a receiver,
<br />trustee or liquidator of Contractor ox if all or substantially all of the property of Contractor is
<br />appointed in any proceeding brought by Contractor, ox if any such receiver, trustee, or
<br />liquidator is appointed in any proceeding against Contractor, and any such receiver, trustee
<br />ox liquidator is not discharged within sixty (60) days after service of such appointment on
<br />Contractor, this Contract at the sole option of County, shall be null and void.
<br />12. Miscellaneous.
<br />(a) Choice of Law or Forum. This Contract shall be deemed made in
<br />Cabarrus County, North Carolina. This Contract shall be governed by and construed in
<br />accordance with the laws of North Carolina. The exclusive forum and venue fox all actions
<br />arising out of this Contact shall be the appropriate division of the North Carolina General
<br />(p
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