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Contract#68-2011 <br /> Flaircare,Inc. <br /> Form on an occurrence basis in the minimum contract in a timely and proper manner, the County <br /> amount of $1,000,000.00 Combined Single shall have the right to terminate this contract by <br /> Limit. (Defense cost shall be in excess of the giving written notice to the Contractor and specifying <br /> limit of liability.) the effective date thereof. In that event,all finished or <br /> (c) Automobile-Automobile Liability Insurance, unfinished deliverable items prepared by the <br /> to include liability coverage, covering all Contractor under this contract shall, at the option of <br /> owned,hired and non-owned vehicles used in the County, become its property and the Contractor <br /> performance of the contract. The minimum shall be entitled to receive just and equitable <br /> combined single limit shall be $500,000.00 compensation for any satisfactory work completed on <br /> bodily injury and property damage; such materials, minus any payment or compensation <br /> $500,000.00 uninsuredfunder insured previously made. Notwithstanding the foregoing <br /> motorist; and $25,000.00 medical payment. provision, the Contractor shall not be relieved of <br /> Providing and maintaining adequate insurance liability to the County for damages sustained by the <br /> coverage is a material obligation of the Contractor County by virtue of the Contractor's breach of this <br /> and is of the essence of this contract. The Contractor agreement, and the County may withhold any <br /> may meet its requirements of maintaining specified payment due the Contractor for the purpose of setoff <br /> coverage and limits by demonstrating to the County until such time as the exact amount of damages due <br /> that there is in force insurance with equivalent the County from such breach can be determined. In <br /> coverage and limits that will offer at least the same case of default by the Contractor,without limiting any <br /> protection to the County. All such insurance shall other remedies for breach available to it the County <br /> P tY <br /> meet all laws of the State of North Carolina. Such may procure the contract services from other sources <br /> insurance coverage shall be obtained from companies and hold the Contractor responsible for any excess <br /> that are authorized to provide such coverage and that cost occasioned thereby. The filing of a petition for <br /> are authorized by the Commissioner of Insurance to bankruptcy by the Contractor shall be an act of default <br /> do business in North Carolina. The Contractor shall under this contract, <br /> at all times comply with the terms of such insurance <br /> policies,and all requirements of the insurer under any Waiver of Default: Waiver by the County of any <br /> such insurance policies, except as they may conflict default or breach in compliance with the terms of this <br /> with existing North Carolina laws or this contract. contract by the Provider shall not be deemed a waiver <br /> The limits of coverage under each insurance policy of any subsequent default or breach and shall not be <br /> maintained by the Contractor shall not be interpreted construed to be modification of the terms of this <br /> as limiting the contractor's liability and obligations contract unless stated to be such in writing,signed by <br /> under the contract. an authorized representative of the County and the <br /> Contractor and attached to the contract. <br /> Default and Termination <br /> Availability of Funds: The parties to this contract <br /> Termination Without Cause: The County may agree and understand that the payment of the sums <br /> terminate this contract without cause by giving 30 specified in this contract is dependent and contingent <br /> days written notice to the Contractor. In that event, upon and subject to the appropriation,allocation,and <br /> all finished or unfinished deliverable items prepared availability of funds for this purpose to the County. <br /> by the Contractor under this contract shall, at the <br /> option of the County, become its property and the Force Majeure:Neither party shall be deemed to be <br /> Contractor shall be entitled to receive just and in default of its obligations hereunder if and so long <br /> equitable compensation for any satisfactory work as it is prevented from performing such obligations by <br /> completed on such materials, minus any payment or any act of war, hostile foreign action, nuclear <br /> compensation previously made. explosion,riot,strikes,civil insurrection,earthquake, <br /> hurricane,tornado,or other catastrophic natural event <br /> Termination for Cause: If, through any cause, the or act of God. <br /> Contractor shall fail to fulfill its obligations under this <br /> General Terms and Conditions (06/04) Page 2 of 5 <br />