Agenda - 06-02-2009 - 4m - Laserfiche WebLink

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