AG 2002 07 22 (Regular) - Laserfiche WebLink

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