HomeMy WebLinkAboutC.054.93011_0457employees, directors, members and agents, harmless from all liabilities, obligations, losses,
claims, damages, actions, suits, proceedings, costs, and expenses, including attorneys' fees, that
(a) arise in tort, in contract, under 42 U.S. Code § 1983 or under the North Carolina public
bidding laws relating to the Project, or (b) arise out of, are connected with, or result directly or
indirectly from the Project or any portion thereof, including without limitation the manufacture,
selection, acquisition, delivery, possession, construction, improvement, environmental or other
condition, lease, use, operation, of the Project or any portion thereof. Notwithstanding anything
to the contrary herein contained, the County shall have no indemnification responsibilities with
respect to the Lender's income tax obligations, if any or with respect to any intentional acts or
gross negligence of Lender while exercising control over the Project pursuant to the remedies of
the Lender in this Agreement or the Deed of Trust. The indemnification responsibilities created
by this Section shall continue in effect notwithstanding the termination of other portions of this
Agreement, shall survive and be enforceable after the termination of this Agreement, and shall be
terminated only by written agreement of the Lender, the LGC and the County; provided,
however, that nothing contained herein shall be deemed a waiver of the provisions of Section 6.3
hereof.
Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be an original, together shall constitute but one and the same Agreement.
Entire Agreement. The Basic Agreements express the entire understanding and all agreements
between the parties and may not be modified except in writing signed by the parties.
Consent. Whenever the Lender's consent is required under this Agreement, it shall not be
unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as
a document as of the date first above written.
[SEAL]
Attest:
By.
Jean C. Moore, Clerk
Board of Commissioners
LENDER:
BANK OF AMERICA, N.A.
"✓
By: ✓
Name:
Title:
COUNTY:
COUNTY OF IREDELL, NORTH CAROLINA
By;
Stephen D. Johnson, Chazrman
Board of Commissioners
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