cabarrus county board of commissioners regular meeting november ...

further expenditures shall be made under this Agreement upon notice of terminationexcept for such work as shall have already been performed prior to the notice ofTermination Date and the Grantee shall repay all unspent grant funds upon the demand ofthe Commission together with any interest accrued on those unspent funds.C. The Commission's obligation to pay any amounts under this Agreement iscontingent upon the availability of funds to it to fund the Project. In the event thatfunds for this Project become unavailable, the Commission may terminate thisAgreement immediately upon facsimile notice to the Grantee. In the event of notice ofthe unavailability of funds, all obligations of the Commission to make payments underthis Agreement shall cease as of the date of the notice of termination for unavailability offunds except for such work as shall have already been performed prior to the date of thenotice of termination for unavailability of funds.Section XII. Liabilities and Loss.A. The Commission assumes no liability with respect to accidents, bodily injury, illness,breach of contract or any other damages, claims or losses arising out of any activitiesundertaken by the Grantee or any of its Subgrantees under this Agreement, with respectto persons or property of the Grantee, Subgrantee or third parties.B. The Grantee agrees to either, 1) obtain general commercial liability insurance sufficientto meet any and all potential legal liabilities related to activities under the Agreement andprovide verification of such insurance in writing to the Grantor in advance of the firstpayment, or 2) if the Grantee elects not to obtain such insurance, it must represent inwriting to the Grantor in advance of the first payment that it has adequate resourcesavailable to it for this purpose. The Grantee agrees to ensure that all Subgrantees obtainsufficient general commercial liability insurance to satisfy any and all potential legalliabilities related to activities under this Agreement.C. The Grantee agrees to indemnify, defend and save harmless the Commission and itsofficers, agents and employees against any liability, including costs and expenses andattorneys fees for the Grantee's or any Subgrantee’s violation of any proprietary right orright of privacy arising out of the publication, translation, reproduction, delivery,performance, use or disposition of any information published resulting from the work ofthe Project or based on any libelous or other unlawful matter contained in suchinformation.D. The Grantee also further agrees to indemnify, defend and save harmless the Commissionand its officers, agents and employees from any other person, firm or corporationfurnishing or supplying work, services, material or supplies in connect with the Projectand the performance of this Agreement and from any and all claims and losses accruingor resulting to any person, firm or corporation who may be injured or damaged by theGrantee, any Subgrantees or any of their agents in the performance of the Project.E. Force Majeure: Neither party shall be deemed to be in default of its obligationshereunder if and so long as it is prevented from performing such obligations by any act ofwar, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake,hurricane, tornado, or other catastrophic natural event or act of God.6G-2Attachment number 1Page 358