Orange County NC Website
3~ <br />To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold <br />harmless the DEPARTMENT and its officials, agents, and employees from and against all claims, <br />damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and <br />charges of engineers or architects, attorneys, and other professionals and costs related to court action or <br />arbitration) arising out of or resulting from CONTRACTOR's performance of this Contract or the <br />actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under <br />contracts entered into by the CONTRACTOR in connection with this contract. .This indemnif cation <br />shall survive the termination of this Contract. The foregoing shall not be deemed a waiver of <br />governmental immunity by the Department or by Orange County. <br />In addition, CONTRACTOR shall comply with the North Carolina Workers' Compensation Act and <br />shall provide for the payment of workers' compensation to its employees in the manner and to the extent <br />required by such Act. Additionally, CONTRACTOR shall maintain, at its expense, the following <br />minimum insurance coverage: <br />$1,000,000 per occurrence/$2,000,000 aggregate-Bodily Injury Liability, and <br />$ 100,000-Property Damage Liability, or <br />$1,000,000 per occurrence/$2,000,000 aggregate-Combined Single Limited Bodily <br />Injury and Property Damage <br />CONTRACTOR, upon execution of this Contract, shall furnish to the DEPARTMENT a Certification of <br />Insurance from an insurance company, authorized to do business in the State of North Carolina and <br />acceptable to DEPARTMENT, verifying the existence of any insurance coverage required by <br />DEPARTMENT. The Certificate shall provide for thirty (30) days advance written notice in the event <br />of a decrease, termination or cancellation of coverage. <br />6. HEALTH AND SAFETY <br />CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions <br />and programs required by OSHA and all other regulatory agencies while providing Services under this <br />Contract. <br />7. NON-DISCRIMINATION IN EMPLOYMENT <br />CONTRACTOR shall not discriminate against any employee or applicant for employment because of <br />age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to <br />ensure that qualified applicants are employed and that employees are treated fairly and legally during <br />employment with regard to their age, sex, race, creed, national origin, or disability. In the event <br />CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of <br />any non-discrimination provision of federal, state, or local law or this provision, this Contract may be <br />canceled, terminated or suspended in whole or in part by DEPARTMENT, and CONTRACTOR may be <br />declared ineligible for further DEPARTMENT contracts. <br />8. TERMINATION OF AGREEMENT <br />This Contract may be terminated, without cause, by either party upon thirty (30) days written notice to <br />the other party. This termination notice period shall beginning upon receipt of the notice of termination. <br />Such a termination does not bar either party from pursuing a claim for damages for breach of the <br />2 <br />