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5. INSURANCE AND INDEMNITY
<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 indemnification
<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.
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