AG 2002 09 16 (Regular) - Laserfiche WebLink

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To the extent permitted by law, the Board shall indemnify and save the County harmless against and from all claims by or on behalf of any person, firm, corporation or other legal entity arising from the construction and other accomplishment of the Project; but the Board is not obligated to pay the Installment Payments under the Installment Agreement or to indemnify any party to the Installment Agreement for any third-party claims asserted against any such party relating to the payment of such Installment Payments. The Board shall be notified promptly by the County of any action or proceeding brought in connection with any such claims arisi.ng from the construction and other accomplishment of the Project.. Section II. Project Description. The Board shall have the right to make any changes in the description of the Project or of any component or components thereof with the prior written consent of the County; provided, however, that any such change shall not alter the public purpose of the Project and that any increase in the cost of the Project resulting from such a change shall to the extent the increased cost exceeds the total balance in the Acquisition and Construction Fund [as defined in the Installment Agreement and in the Indenture of Trust between Cabarrus County Development Corporation and SouthTrust Bank as Trustee (the "Trust Agreement")], including any estimated investment income thereon, be payable solely from other funds of the Board, which shall be transferred to the Trustee for deposit to the credit of the Acquisition and Construction Fund prior to the approval of any such changes to the Project. Section III. Board's Right to Enforce Contracts. The County hereby assigns tO the Board as the County's agent for the purposes of this Agreement all of its rights and powers under all purchase orders and contracts as it enters into with respect to the Project, and the Board shall have the right to enforce in its own name or the name of the County such purchase orders or contracts; provided, however, that the assignment by the County shall not prevent the County from asserting said rights and powers in its own behalf. Section IV. Construction Conferences. The Board hereby agrees that it will provide to the County Manager timely notice of all conferences with representatives of the architects, contractors and vendors with respect to the Project and that the County Manager or his designee shall have the right to attend all such conferences. Section V. Compliance with Trust Agreement and Installment Agreement. The Board agrees that it will faithfully discharge all duties imposed on the County by the Trust Agreement and the Installment Agreement with respect to the construction 2