filing of said petition so that the Contractor might have, during that sixty-day period, the opportunity to seek dismissal of the involuntary petition or otherwise cure said potential default.

  • Making a general assignment for the benefit of its creditors, or taking the benefit of any insolvency act, or if a permanent receiver or trustee in bankruptcy shall be appointed for the Contractor.

The University will provide ten (10) calendar days' written notice of default. Unless arrangements are made to correct the non-performance issues to the University's satisfaction within those ten (10) calendar days, the Director of Purchasing may terminate the Contract immediately.

Permits, Licenses, and Commonwealth Registration

The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this Contract is performed.

The Contractor must furnish certification of the authority to conduct business in the Commonwealth of Kentucky as a condition of the Contract Award. Such registration is obtained from the Secretary of State, who will also provide the certification thereof.

The Contractor shall pay all sales, use, personal property, and any other taxes arising out of this Contract and the transaction contemplated hereby. Any other taxes levied upon this Contract, the transaction, or the equipment or services delivered pursuant hereto shall be the responsibility of the Contractor.

The Contractor will be required to accept liability for payment of all payroll taxes or deductions required by local and federal law, including, but not limited to, old age pension, Social Security, or annuities.

Attorneys' Fees

If either Party deems it necessary to take legal action to enforce any provision of the Contract, and if the University prevails, the Contractor agrees to pay all expenses of such action, including the attorneys' fees and costs at all stages of litigation.

Indemnification

The Contractor agrees to indemnify, hold harmless, and defend the Commonwealth of Kentucky, Kentucky State University, its Board of Regents, and its officers, employees, and agents, from and against any and all actions, claims, liabilities, assertions of liability, losses, costs, and expenses, which may arise or may be alleged to have arisen or have resulted or alleged to have resulted from activities of any kind and nature whatsoever of the Contractor or its officers, employees, agents, and contractors in connection with this Contract. Nothing herein is intended to imply that the Contractor shall indemnify Kentucky State University for any damages caused by Kentucky State University's negligence.

Notwithstanding the foregoing, each party agrees to waive any right, as well as the rights of its subsidiaries and affiliates, of recovery for loss or damage to each respective party's buildings, equipment, improvements, or other property whatsoever because of fire, explosion, or any other cause normally covered in standard-form fire insurance policies with extended coverage