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11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the <br />County, for all loss, liability, claims or expense (including reasonable attorney's fees) <br />arising from bodily injury, including death or property damage, to any person or <br />persons caused in whole or in part by the negligence or willful misconduct of the <br />Provider, except to the extent same are caused by the negligence or willful <br />misconduct of the County. It is the intent of this section to require Provider to <br />indemnify the County to the extent permitted under North Carolina law. Nothing in <br />this section is intended to affect or abrogate the County's sovereign immunity <br />defenses. <br />12. Non-Appropriation. This Agreement is subject to the availability of funds to <br />purchase the specified services and may be terminated at any time if such funds <br />become unavailable. <br />13. Non-Discrimination. Provider agrees as part of consideration of the granting of <br />funds by Orange County the parties hereto for themselves, their agents, officials, <br />employees and servants agree not to discriminate in any manner on the basis of race, <br />color, gender, national origin, age, handicap, religion, sexual orientation, familial <br />status or veterans status with reference to any activities carried out by the grantee, no <br />matter how remote. The parties hereto further agree in all respects to conform to <br />the provision and intent of Orange County Civil Rights Ordinance, as amended. <br />This provision is enforced by action for specific performance, injunctive relief, or <br />other remedy as by law provided; this provision shall be binding on the grantees, the <br />successors and assigns of the parties hereto with reference to the above subject <br />manner. <br />14. Living Wage. Orange County is committed to providing its employees with a living <br />wage and encourages agencies it funds to pursue the same goal. The County's living <br />wage is $10.12 per hour. To the extent possible, Orange County recommends that <br />FH provide a living wage to its employees. <br />15. Notice. The Parties hereto agree and understand that written notice, mailed or <br />delivered, to the last known address shall constitute sufficient notice to the County <br />and the Provider. All notices required and/or made pursuant to this Agreement to <br />be given to the County and the Provides shall be in writing and mailed to the party <br />addressed as follows: <br />County: Department of Social Services Provider: Freedom House Recovery <br />Community Outreach and Education Office Recovery Center <br />Post Office Box 8181 104 New Stateside Drive <br />Hillsborough, NC 27278 Chapel Hill, NC 27516 <br />Attn: Sharron Hinton Attn: Trish Hussey <br />16. Entire Agreement. This Agreement, including any referenced attachments, <br />constitutes the entire Agreement between the parties and shall supersede, replace or <br />nullify any and all prior Agreements of understandings; written or oral, relating to the <br />matters set forth herein, and any such prior Agreements or understandings shall have <br />no force or affect whatsoever on this Agreement. The County and Provider have <br />Freedom House Recovery Center <br />Orange County Agency Performance Agreement <br />Page 7 of 10 <br />