Orange County NC Website
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 TIIE I-IYLAND GROUP to <br />indemnify the CLIENT to the extent permitted under North Carolina law. <br />4 <br />