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OCHD Preparedness Agreement <br />With Person County HD <br />FY 09-10 <br />shall obey all State and Federal statutes, rules and regulations which are applicable to <br />provisions of the services called for herein. Neither Provider nor any employee of the <br />Provider shall be deemed an officer, employee or agent of the County. <br />VI. CANCELLATION <br />This Agreement may be cancelled by Provider upon ten (10) days written notice <br />to the County, and the County may terminate this agreement upon ten (10) days written <br />notice to Provider. In the event that funding through the NC Division of Public Health is <br />reduced or discontinued, written notice will be provided by each county to the other of <br />the intent to continue or discontinue. <br />VII. INSURANCE REQUIREMENTS <br />Provider shall obtain, at his sole expense, all insurance as required by the <br />County's Risk Manager and shall not commence work until such insurance is in effect <br />and certification thereof has been received by the County's Risk Manager. Such <br />insurance shall name the County as Additional Insured under both General Liability and <br />Auto Liability policies. The Provider will ensure that appropriate professional liability <br />insurance is in place for the PC. <br />VIII. INDEMNIFICATION <br />Provider agrees to defend, indemnify, and hold harmless the County, for all loss, <br />liability, claims or expense (including reasonable attorney's fees) arising from bodily <br />injury, including death or property damage, to any person or persons caused in whole or <br />in part by the negligence or misconduct of the Provider, except to the extent same are <br />caused by the negligence or willful misconduct of the County. <br />It is the intent of this section to require Provider to indemnify the County to the <br />extent permitted under North Carolina law. <br />IX. NON-ASSIGNMENT <br />Provider shall not assign this Agreement, including rights to payments, to any <br />other party without the prior written consent of the County. <br />IX. ENTIRE AGREEMENT <br />The parties have read this Agreement and agree to be bound by all of its terms, <br />and further agree that it constitutes the complete and exclusive statement of the <br />Agreement between the parties. <br />XI. GOVERNING LAW <br />Both parties agree that this Agreement shall be governed by the laws of the State <br />of North Carolina. <br />XII. INTERPRETATION. <br />When the context in which words are used in this Agreement indicates that such <br />is the intent, words shall in the singular number shall include the plural and vice versa. <br />The masculine gender shall include the feminine and neuter. <br />IN WITNESS WHEREOF, the County and the Provider have executed and <br />entered into this Agreement as of the day and year first above written. <br />Page 5 of 6 <br />S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc <br />