2009-077 ERCD-Orange Co and University of North Carolina at chapel Hill regarding Utilization of Former Water Supply Well

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County of Orange and University of North Carolina Agreement September 15, 2009 association of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; and NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE The County will be solely responsible for maintenance of the well at the former Geophysics Laboratory. This includes any repairs which may be necessary to the well or well house to permit ongoing operation of the well. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. The well at the former Geophysics Laboratory will be utilized by the County mainly for the collection of groundwater level information. Additionally, the well may be used for the collection of water quality samples by the County. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that the County shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. The County shall furnish to the University upon demand, satisfactory evidence of insurance. The County acknowledges that University does not carry liability insurance and its liability for property damage or personal injury to third parties shall be governed by the North Carolina Tort Claims Act (NC General Statute 143-291 et. seq.) B. INDEMNITY: To the extent allowed by law, County shall indemnify and hold harmless and defend the University, its agents and employees from any claims, cost, expense, liability, action or judgement, including attorney's fees, arising out of or related to any personal injury, death or property damage arising out of its use of the premises, except to the extent the same are caused by the negligence or misconduct of the University, its agents and employees. C. USE BY OTHER PARTIES: Use of this former water supply well by other parties shall be limited to the possible collection of geological and geophysical information, as well as the collection of water samples for the determination of water quality information. The County will be responsible for coordinating and supervising any such investigations by other parties only after notice to the University and obtaining its approval of such other party investigation. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the University and County. {00026835.DOC}