S Finance - Cost Allocation Plan Contract with THM Associates, Inc

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Coutract Addendmn # 1 THM & Associates, Iuc, does agree to and makes a part this addendum to the Orange County contract for Professional Services (Preparation of Indirect Cost Allocation Plan) for FYE 2006. Section 12: The Cotsultant agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the performance of the Services caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful conduct of the County. It is the intent of this Provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. Section 13: The parties agtee that Consultant is an independent contractor and shall not represent itself as an agent ot• employee of the County for any purpose in the performance of duties hereunder. Accordingly, Consultant shall be responsible for payment of all federal, state and local taxes as well as business license fees and worker's compensation claims arising out of Consultant's activities in accordance with this Agreement. As an independent contractor, Consultant shall perform work required hereunder in a professional manner and in accordance with the standards of applicable professional organizations. THM t~ iate~s, Ipc~ by: ~-,~~ Ttmothy cKinnie President