My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2004 07 26
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2004
>
AG 2004 07 26
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/9/2006 9:20:03 PM
Creation date
11/27/2017 11:38:35 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/26/2004
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
279
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
4.12 <br /> <br />4.13 <br /> <br />4.15 <br /> <br />5,1 <br /> <br />ADDlicable Law. This Agreement is entered Into under and <br />pursuant to, and is to be construed and enforceable In accordance <br />with, the laws of the State of N.C. <br /> <br />Execu~on of Aareement. This Agreement may be executed in <br />multiple parts as originals or by facsimile copies of executed <br />originals; provided, however, if executed and evidence of execution <br />is made by facsimile copy, then an original shall be provided to the <br />other party within seven (7) days of receipt of said facsimile copy. <br /> <br />Hold Harrnl~. Developer agrees to and shall hold Cabarrus <br />County, its, officers, agents, employees, consultants, special <br />counsel and representatives harmless from liability: (1) for <br />damages, just compensation, restitution judicial or equitable relief <br />arising out of claims for personal injury, including health, and <br />claims for property damage which may arise from the direct or <br />indirect operations of the Developer or their contractors, <br />subcontractors, agents, employees or other persons acting on their <br />behalf which relates to the project; and (2) from any claim that <br />damages, just compensation, restitution, judicial or equitable relief <br />is due by reason of the terms of or effects arising from this <br />Agreement. Developer agrees to pay all costs for the defense of <br />Cabarrus County and its officers, agents, employees, consultants, <br />special counsel and representatives regarding any action for <br />damages, just compensation, restitution, judicial or equitable relief <br />caused or alleged to have been caused by reason of Developer's <br />actions in connection with the Project or any claims arising out of <br />this Agreement. This hold harmless Agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable <br />relief suffered or alleged to have been suffered by reason of the <br />events referred to in this paragraph or due by reason of the terms <br />of, or effects, arising from this Agreement regardless of whether or <br />not the County prepared, supplied or approved this Agreement, <br />plans or specifications, or both, for the Project. The Developer <br />further agrees to indemnify, hold harmless, and pay all costs for <br />the defense of the County, including fees and costs for special <br />counsel to be selected by Cabarrus County, regarding any action by <br />a third party challenging the validity of this Agreement or asserting <br />that damages, just compensation, restitution, judicial or equitable <br />relief is due to personal or property rights by reason of the terms <br />of, or effects arising from this Agreement. Cabarrus County may <br />make all reasonable decisions with respect to its representation in <br />any legal proceeding. <br /> <br />Relationshio of Parties. The contractual relationship between <br />Cabarrus County and Developer arising out of this Agreement is <br />one of independent contractor and not agency. This Agreement <br />does not create any third party beneficiary rights. It is specifically <br />understood by the parties that: (a) the Project is a private <br />development; (b) County has no interest in or responsibilities for or <br />duty to third parties concerning any improvements to the Property <br />unless the County accepts the improvements pursuant to the <br />provisions of this Agreement or in connection with subdivision map <br />approval; and (c) Developer shall have the full power and exclusive <br />control of the Property subject to the obligations of the Developer <br />set forth in this Agreement. <br /> <br />Default. <br /> <br />6 <br /> <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.