Orange County NC Website
Browse       Search
• claim alleging personal injury, sickness, and/or disease arising out of consumption <br />of meals or other food caused by the storage, prepazation and delivery of meals to <br />the meal site(s). <br />Caterer will not be responsible or liable for any of the -above caused by the <br />negligent acts of County personnel after acceptance of meals. If a defect is found <br />in the meals or other food prepared by the Caterer, as between the County and the <br />Caterer, it will be presumed that the defect is~ the responsibility of the ~ Caterer <br />unless the Caterer can establish the defect arises from some act or omission of the <br />County. <br />20. The County shall promptly notify Caterer in writing of any claims against <br />Caterer, the County and in the event a lawsuit is filed, shall promptly forward to <br />Caterer all legal documents served in connection therewith. The County shall not <br />incur any expense or make any settlement without Caterer's consent. However, if <br />Caterer refuses or neglects to defend any such suit, the County may defend, <br />adjust, or settle any such claim, and the costs of such defense, adjustment or <br />settlement, including reasonable attorney's fees, shall be paid by Caterer. <br />21. Caterer agrees to famish the County with a certificate of insurance in a form <br />acceptable to the County certifying that Caterer carries Workmen's <br />Compensation, comprehensive (including products), bodily injury and property <br />damage liability insurance in such amounts as are acceptable to the County. The <br />County and Caterer hereby waive any and all rights of recovery from each other <br />for loss to personal or real property, or loss of use thereof, howsoever occurring. <br />This waiver shall include, but not be limited to losses covered by policies of fire; <br />extended coverage, boiler explosion and sprinkler leakage. <br />22. It is mutually agreed between the parties that neither party shall be held <br />responsible to the others for any losses resulting from its delay or failure to <br />perform to the extent that the said party is delayed or prevented by Federal, State, <br />or municipal action; war, revolution, riot or other disorder; strike or other labor <br />problem; fire, flood, act of God, or without limiting the foregoing, by any other <br />cause not within the control of the party whose performance is interfered with, <br />and which by the exercise of reasonable diligence, the parry is unable to prevent, <br />whether of the class of causes hereinbefore enumerated or not. <br />23. Caterer covenants that it presently has no interest, direct or indirect, which would <br />conflict in any manner or degree with the performance of service required to be <br />performed under this Agreement. Caterer fiuther covenants that in the <br />performance of this Agreement, no person having any such interest shall be <br />employed. <br />24. No officer, member, or employee of the County and no members of this <br />governing body or the locality or localities in which the Project is situated or <br />being carried out who exercises any functions or responsibilities in the review or <br />approval. of the. undertaking or carrymg out of this Agreement shall participate, in <br />any decision relating to this Agreement which affects his personal interest or--have <br />any personal or pecuniary interest, direct or indirect, in the Agreement or the <br />proceeds thereof. <br />25. In the carrying out of the contract work, Caterer will not discriminate against any <br />employee or applicant for employment because of age, sex, race, creed, handicap, <br />color or national origin. Caterer will take affirmative action to ensure that <br />