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addition to any other remedy now or hereafter existing at law, inequity, by <br /> statute or otherwise. The election of one or more remedies by either party <br /> shall not constitute a waiver of the right to pursue any other available remedy. <br /> h. Construction: In case any one or more of the provisions contained in this <br /> AGREEMENT is for any reason held to be invalid, illegal or unenforceable in <br /> any respect, such invalidity, illegality or unenforceability shall not affect any <br /> other provision hereof, and this AGREEMENT shall be construed as if such <br /> invalid, illegal or unenforceable provision had never been contained herein. <br /> i. Relationship of Parties. THE HYLAND GROUP is an independent <br /> contractor of the CLIENT. THE HYLAND GROUP represents that it has or will <br /> secure,at its own expense,all personnel required in performing the services under <br /> this Agreement. Such personnel shall not be employees of or have any <br /> contractual relationship with the CLIENT. All personnel engaged in work under <br /> this Agreement shall be fully qualified and shall be authorized or permitted under <br /> state and local law to perform such services. It is further agreed by THE <br /> HYLAND GROUP that he shall obey all State and Federal statutes, rules and <br /> regulations which are applicable to provisions of the services called for herein. <br /> Neither THE HYLAND GROUP nor any employee of the THE HYLAND <br /> GROUP shall be deemed an officer, employee or agent of the CLIENT. <br /> j. Insurance Requirements. THE HYLAND GROUP shall obtain, at his sole <br /> expense, all insurance as required by the County's Risk Manager and shall not <br /> commence work until such insurance is in effect and certification thereof has been <br /> received by the County's Risk Manager. Such insurance shall name the County as <br /> Additional Insured under both General Liability and Auto Liability policies. <br /> k. Indemnification. THE HYLAND GROUP agrees to defend, indemnify, and <br /> hold harmless the County, for all loss, liability, claims or expense (including <br /> reasonable attorney's fees) arising from bodily injury, including death or property <br /> damage, to any person or persons caused in whole or in part by the negligence or <br /> misconduct of the THE HYLAND GROUP, except to the extent same are caused <br /> by the negligence or willful misconduct of the CLIENT. <br /> It is the intent of this section to require THE I-IYLAND GROUP to <br /> indemnify the CLIENT to the extent permitted under North Carolina law. <br /> 4 <br />