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3 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />ANIMAL SERVICES AGREEMENT <br />THIS AGREEMENT is between Orange County, North Carolina (the "County"), party of <br />the first part; and AnimalKind, Inc., a North Carolina Non-Profit corporation (the "Provider"), <br />party of the second part. <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinafter set forth, the County <br />hereby contracts for the services of the Provider, and the Provider agrees to provide the services <br />to the County in accordance with the terms of this Agreement. <br />I. SERVICES TO BE PROVIDED <br />The services to be performed by the Provider shall be as follows: (1) Administer a pet <br />spay/neuter financial assistance program for low-income Orange County residents; and (2) <br />Provide vouchers that enable "Qualified Residents" (as hereinafter defined) of Orange County to <br />spay or neuter a dog or cat for $20 or less. The Provider will use funds paid pursuant to Section <br />III of this Agreement to supplement Provider's existing "$20 Fix" program. All funds payable to <br />Provider pursuant to Section III of this Agreement must be used for the benefit of applicants <br />residing in Orange County. <br />Provider shall partner with licensed veterinarians to deliver the spay/neuter surgeries. It <br />is understood that Provider will have the sole responsibility for locating, contracting and <br />otherwise providing spay/neuter options through veterinarians and veterinary clinics. County <br />shall not be required to enter into any agreements with veterinarians or veterinary clinics for the <br />provision of spay/neuter services contemplated by this Agreement. Provider hereby represents <br />and warrants to County that all veterinarians performing services for clients as contemplated by <br />this Agreement have in force veterinary medical malpractice insurance of commercially <br />reasonable policy limits which will cover acts of veterinary medical malpractice in such amounts <br />as to provide adequate coverage prior to allowing any such veterinarian to perform services for <br />clients as contemplated by this Agreement. Provider shall retain evidence of such insurance for <br />each veterinarian who performs services contemplated by this agreement and such evidence of <br />insurance shall be provided to the County upon request The Provider agrees to defend, <br />indemnity, and hold harmless Orange County from all loss, liability, claims or expense <br />(including reasonable attorney's fees) arising from the services required or contemplated herein <br />(including the provision of animal medical services by Provider's contractors, assignees, <br />employees and agents). <br />