Orange County NC Website
5. Indemnity: The Provider agrees fo defend, indemnify, and hold harmless Orange County <br />from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br />attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br />destruction of any property caused in whole or in part by any negligent or intentional act or omission <br />on the part of the Provider, <br />6. Termination: This Agreement may be terminated at any time by mutual written agreement of <br />the parties or by the County upon written. notice to the Provider. <br />7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its <br />terms, and further agree that it constitutes the complete and exclusive statement of the Agreement <br />between the parties unless and until modified in writing and signed by the parties. Modifications <br />may be evidenced by telefacsimile signature. <br />8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br />State of North Carolina. .Should either party initiate litigation to settle any dispute involving the <br />terms of this Agreement such litigation shall. be initiated in the General Court of Justice of North <br />Carolina seated in Orange County, North Carolina. <br />9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the authority of its <br />statutory mandate. In the event that public funds are unavailable and not appropriated for the <br />performance of County's obligations under this Agreement, then this Agreement shall automatically <br />expire without penalty to County im. mediately upon written. notice to Provider of the unavailability <br />and non-appropriation of public funds. <br />IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br />as of the day first written above. <br />ORANG O TY PROVIDER <br />Coun anage Title: ~cs~~~~tr <br />200 S. Cameron St. <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />This instrument has been a~roved as to technical. content. <br />t, t <br />.1~--`~~.~ 1. <br />' Dav'd Stanch, Department Director <br />This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br />Control Act. <br />Office of the Finance Director <br />This i trument has been approved as to form and legal sufficiency. <br />Office of the ounty Attorney <br />Revised July 2010 2 <br />