Orange County NC Website
20 <br />Insurance which states that no liability shall be imposed upon the Contractor for failure to <br />provide such notice is not acceptable. Original policies or certified copies of policies may be <br />required by the County at any time. <br />It shall be the responsibility of the Contractor to insure that all subcontractors comply with the <br />same insurance requirements that the Contractor is required to meet. <br />SECTION 11 <br />Warran :The Contractor warrants that it understands the currently known hazards and <br />suspected hazazds that are presented to persons, property, and the environment by the <br />transportation, treatment, and disposal of hazardous wastes. The Contractor further warrants that <br />it will perform all services under this Agreement in a safe, efficient, and lawful manner using best <br />industry-accepted practices, and in full compliance with all laws. The County warrants that it is <br />in compliance with all laws governing its activities under this Agreement, and that it is under no <br />legal restraint or order which would prohibit transfer of possession or title of collected wastes to <br />the Contractor or prohibit the servicing of such waste or the Contractor's performance of services <br />under this Agreement. <br />SECTION 12 <br />Indemnification: Contractor agrees to defend, indemnify, and hold harmless County from all loss, <br />liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, <br />including death, and property damage, including any environmental injury, to any person or persons <br />caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent <br />same aze caused by the negligence or misconduct by County. County agrees, to the extent allowed <br />by law and to the extent of insurance policies owned by County, to defend, indemnify, and hold <br />harmless Contractor from all loss, liability, claims or expense, including death or property damage, <br />to any person or persons caused in whole or in part by the negligence or willful misconduct of <br />County except to the extent same are caused by the negligence or misconduct by Contractor. <br />SECTION 13 <br />Independent Contractor: The Contractor is and shall perform all work and services described in <br />this Agreement as an independent contractor and nov as an officer, agent, servant, or employee of <br />County. Contractor shall have and maintain exclusive control of and the exclusive right to <br />control the details of the services and work performed hereunder and all persons performing the <br />same and nothing herein shall be constituted as creating a partnership or joint venture between <br />County and Contractor. No person performing any work or services described hereunder shall be <br />considered an officer, agent, servant or employee of County, and no such person shall be entitled <br />to any benefits available or granted to employees of County. <br />14 <br />