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School Nursing Services Agreement <br />Orange County Schools <br />Orange County Health Department <br />Fiscal Year 2009-2010 <br />4 <br />3. The School shall defend, indemnify, and hold harmless the Department, for all <br />loss, liability, claims or expense (including reasonable attorney's fees) arising <br />from bodily injury, including death or property damage, to any person or <br />persons caused in whole or in part by the school nurses employed by the <br />School but functioning under the direction of the annual Memorandum of <br />Agreement. It is the intent of this Section that the School indemnify the <br />Department to the full extent permitted by law. <br />4. That School shall provide, or cause to be provided, insurance covering <br />professional liability of nursing personnel of at least $1 million. Proof of <br />insurance shall be submitted to the Department annually. <br />5. The Department's waiver of any default or breach in compliance with the <br />terms of this Agreement by the School shall not be deemed a waiver of any <br />subsequent default or breach and shall not be construed to be modification of <br />the terms of this Agreement unless stated to be such in writing, signed by an <br />authorized representative of the Department and the School. This Agreement <br />shall not be altered, amended or modified, except by an agreement in writing <br />executed by the duly authorized officials of both parties. <br />6. The School shall not sub-contract out any of the services provided for in this <br />Agreement or make any assignment of this Agreement (including rights to <br />payments) without the prior written consent of the Department. <br />7. This Agreement shall be in effect for the period July 1, 2009 through June 30, <br />2010 and is renewable annually thereafter. <br />8. Either party may terminate this Agreement with or without cause upon 90 <br />days written notice. <br />9. The parties have read this Agreement, including the Memorandum of <br />Agreement attached and any amendments hereto, and agree to be bound by <br />all of its terms, and further agree that the documents constitute the complete <br />and exclusive statement of the Agreement between the parties. <br />10. The laws of North Carolina shall govern the validity and interpretation of the <br />provisions, terms and conditions of this Agreement. <br />11. No provision of this Agreement shall be construed or interpreted as creating a <br />pledge of the faith and credit of the Orange County within the meaning of any <br />constitutional debt limitation. No provision of this Agreement shall be <br />construed or interpreted as creating a delegation of governmental powers or <br />as a donation by a lending of the credit of Orange County within the meaning <br />of the Constitution of the State of North Carolina. This Agreement shall and <br />does not directly or indirectly or contingently obligate Orange County <br />Government or the Health Department to make any payments beyond those <br />