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II <br />insured party. Evidence of such insurance shall be furnished to the County, together with <br />evidence that each policy provides that the County shall receive not less than thirty (30) days <br />prior written notice of any cancellation, non - renewal or reduction of coverage. <br />7.3 Indemnity <br />7.3.1 The Consultant agrees to indemnify and hold harmless the County from all loss, <br />liability, claims or expense, including attorney's fees, arising out of or related to the Project and <br />arising from bodily injury including death or property damage to any person or persons caused in <br />whole or in part by the negligence or misconduct of the Consultant except to the extent same are <br />caused by the negligence or willful misconduct of the County. It is the intent of this provision to <br />require the Consultant to indemnify the County to the fullest extent permitted under North <br />Carolina law. <br />ARTICLE 8 AMENDMENTS TO THE AGREEMENT <br />8.1 Amendment to General Engineering Services Agreement <br />8.1.1 This Agreement may be amended or cancelled by mutual written agreement of <br />the County and the Consultant. <br />ARTICLE 9 TERMINATION <br />9.1 Termination for Convenience <br />9.1.1 Either the County or the Consultant may terminate this Agreement at any time <br />with or without cause upon giving the other party twenty —one (21) calendar days prior written <br />notice. <br />9.2 Compensation After Termination <br />9.2.1 In the event of termination, the Consultant shall be paid that portion of the fees <br />and expenses that it has earned to the date of termination, less any costs or expenses incurred or <br />anticipated to be incurred by the County due to errors or omissions of the Consultant. <br />9.2.2 Should this Agreement be terminated, the Consultant shall deliver to the County <br />within seven (7) days, at no additional cost, all Deliverables including any electronic data or files <br />relating to the Project. <br />9.3 Waiver <br />9.3.1 The payment of any sums by the County under this Agreement or the failure of <br />the County to require compliance by the Consultant with any provisions of this Agreement or the <br />waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim <br />for damages by the County for any breach of this Agreement or a waiver of any other required <br />compliance with this Agreement. <br />ARTICLE 10 ADDITIONAL PROVISIONS <br />Revised April 2010 <br />5 <br />