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423 <br /> <br />13. <br /> <br />Indemnification of the County. The Contractor/Developer will <br />indemnify, hold harmless and keep harmless, the County and its <br />agents and employees from and against all claims, damages, losses <br />and expenses - including attorney's fees - arising out of or <br />resulting from the performance of the work, provided that any such <br />claim, damage, loss or expense is attributable to bodily injury, <br />sickness, disease or death, or to injury to or destruction of <br />tangible property including the loss of use resulting therefrom, <br />and is caused in whole or in part by any negligent or willful act <br />or omission of the DEVELOPER, CONTRACTOR, and SUBCONTRACTOR(S), or <br />anyone directly or indirectly employed by any of them or anyone for <br />whose acts any of them may be liable. <br /> <br />In any and all claims against the County or any of its agents or <br />employees, by any employee of the DEVELOPER, CONTRACTOR, AND SUB- <br />CONTRACTOR(S), anyone directly or indirectly employed by any of <br />them, or anyone for whose acts any of them may be liable, the <br />indemnification obligation shall not be limited in any way by any <br />limitation on the amount or type of damages, compensation or bene- <br />fits payable by or for the DEVELOPER, CONTRACTOR, and SUBCONTRAC- <br />TOR(S) under Workman's Compensation Acts, Disability Benefit Acts <br />or other employee benefits acts. <br /> <br />14. <br /> <br />Activation of Completed Sanitary Sewers. No sanitary sewers <br />constructed under this contract are to be connected to any portion <br />of the existing Cabarrus County Utility Department maintained <br />system without the issuance of a discharge permit from the appro- <br />priate County, State, or Federal Agency, whichever might have <br />control. Any construction performed prior to the issuance of this <br />permit will be done solely at the risk of the Developer, even if <br />prior approval has been granted by the County. The applicant also <br />agrees to pay all fees required to obtain such permit. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument <br />to be executed, the day and year first above written. <br /> <br />ATTEST: <br />/s/ Spring Harwood <br /> WITNESS <br /> <br />BY: /s/ Randy Wiggins <br /> APPLICANT <br /> General Partner <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />CLERK <br /> <br />APPROVED AS TO FORM: <br />BY: /s/ Fletcher L. Hartsell~ Jr. <br /> ATTORNEY <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />BY: /s/ James W. Lentz <br /> <br /> CHAIRMAN <br />BOARD OF COMMISSIONERS <br /> <br /> UPON MOTION of Commissioner Upright, seconded by Commissioner Payne <br />and unanimously carried, the Board adopted the following Supplemental <br />Retirement Income Plan of North Carolina Resolution. <br /> <br />THE SUPPLEMENTAL RETIREMENT INCOME PLAN OF NORTH CAROLINA <br /> RESOLUTION <br /> <br />WHEREAS, the State of North Carolina, by action of the 1984 General <br />Assembly, has adopted the Supplemental Retirement Income Plan of North <br />Carolina pursuant to which the State of North Carolina, its departments, <br />agencies and instrumentalities are authorized to provide a supplemental <br />retirement income plan to conform with Section 401(k) of the Internal <br />Revenue Code of 1954 as amended, and <br /> <br />WHEREAS, the governing body of this unit realizes the necessity of <br />providing its employees with the benefits of the Supplemental Retirement <br />Income Plan of North Carolina. <br /> <br /> <br />