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AG 2002 07 22 (Regular)
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AG 2002 07 22 (Regular)
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Last modified
3/2/2006 5:01:32 PM
Creation date
11/27/2017 11:43:40 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/22/2002
Board
Board of Commissioners
Meeting Type
Regular
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PAGE 11 OF 12 <br /> <br /> breach of contract and, after the notification of the Department, may result in <br /> termination of the agreement or contract by the Contractor or such remedy as the <br /> Contractor deems appropriate. <br /> Section 21. Termination of Agreement. <br /> <br /> (a) The Department of Transportation. In the event of the Contractor's noncompliance <br />with any of the provisions of the Agreement, the Department may terminate the Agreement by <br />giving the Contractor thirty (30) days advance notiCe. The Department, before issuing notice of <br />Agreement termination, shall allow the Contractor a reasonable opportunity to correct for <br />noncompliance. Upon noncompliance with the nondiscrimination section of this Agreement may <br />result with this Agreement being canceled, terminated, or suspended in whole or in part and the <br />Contractor may be declared ineligible for contracts in accordance with procedures authorized in <br />Executive Orders No. 11246 and No. 11375, and such other sanctions may be imposed and <br />remedies invoked as p'i'ovided in the said Executive Orders or by rule, regulation or order of the <br />Secretary of Labor, or as otherwise provided by law. <br /> <br /> (b) The Contractor. The Contractor may terminate its participation in 'the Project by <br />notifying and receiving the concurrence of the Department thirty (30) days in advance of the <br />termination. <br /> <br /> (c) Action Upon Termination. Upon the termination of this Agreement, the Contractor <br />shall dispose of all Project equipment acquired under the Agreement in accordance with the <br />provisions of Sections 11 and 15 of this Agreement. <br /> <br /> Section 22. Resolution of Disputes. In any dispute concerning a question of fact in <br />connection with the Project, the decision of the Secretary of the North Carolina Department of <br />Transportation shall be final and conclusive for all parties. <br /> <br /> Section 23. Hold Harmless. "The contractor and subcontractors shall be responsible for <br />and save harmless the Department, its officers, employees, agents or servants from all claims <br />and liability due to the negligent acts, if any, or agents or employees in connection with their <br />services under this agreement." <br /> <br /> <br />
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