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OE Enterprises, Inc., Commercial Cleaning Agreement 4 <br /> assuring Customer that it will be notified upon expiration of coverage for any reason <br /> ("endeavor to" language is not acceptable). <br /> 9) OE shall maintain daily work logs containing names and hours of all persons performing the <br /> Janitorial Services under this Agreement. This daily log shall be made available to Customer <br /> for review and Customer's request. <br /> 10)The term of this agreement is for a partial fiscal year beginning on the date this Agreement is <br /> executed by Customer and expiring on June 30, 2010. This Agreement may be canceled by <br /> either party for any reason with a thirty(30) day advance written notice to the other party. <br /> 11)The monthly service charge will be in effect for the term specified in Section 10 unless <br /> changes in the Janitorial Services listed on Attachment A take place. In the event such <br /> changes are requested by Customer or OE, the requesting party will notify the other party in <br /> writing of such a request and if agreed to, an amendment to this Agreement shall be executed <br /> by both parties before any such changes to this Agreement become effective. <br /> 12)OE's monthly Janitorial Service Fee is to be paid by the 15th of the month in which service is <br /> provided. OE shall deliver monthly Invoices to Customer on or before the first day of every <br /> month during the term of this Agreement. <br /> 13)The Customer agrees that it will not employ or contract with any OE employee directly for <br /> any of the services listed on Exhibit A for one (1)year after the termination of this <br /> Agreement without OE's written consent. <br /> 14) OE shall perform all work and services described herein as an independent <br /> contractor and not as an officer, agent, servant or employee of Orange County or the Public <br /> Works Department. OE shall have exclusive control of and the exclusive right to control the <br /> details of the services and work performed hereunder and all persons performing the same and <br /> nothing herein shall be construed as creating a partnership <br /> or joint venture between Orange County or the Public Works Department and OE. OE shall <br /> not be considered an officer, agent, servant or employee of Orange County of the Public <br /> Works Department, nor shall OE be entitled to any benefits available or granted to employees <br /> of Orange County or the Public Works Department. <br /> 15) Subcontractors/Assignment. OE shall obtain County approval before using any <br /> subcontractors or sub consultants. This Agreement may not be assigned in whole or in <br /> part by OE without the prior written consent of the County. <br /> 16) OE agrees to indemnify and hold harmless the County from all loss, liability, claims or <br /> expense, including attorney's fees, arising out of or related to the performances of the <br /> Janitorial Services caused in whole or in part by the negligence or misconduct of OE <br /> except to the extent same are caused by the negligence or willful misconduct of the <br /> County. It is the intent of this Provision to require the OE to indemnify the County to the <br /> fullest extent permitted under North Carolina law. <br /> • <br />