Agenda - 05-17-2011- 5k - Laserfiche WebLink

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8 Contract#68-2005 Arcadia Health Services,Inc. b. hired by the Contractor and used in the before the Contractor begins work under this performance of this contract;and contract. c. owned by Contractor's employees and used in performance of this contract Default and Termination ("non-owned vehicle insurance"). Non- owned vehicle insurance protects Termination Without Cause:The County may terminate employers when employees use their this contract without cause by giving 30 days written personal vehicles for work purposes.Non- notice to the Contractor. In that event, all finished or owned vehicle insurance supplements,but unfinished deliverable items prepared by the Contractor does not replace,the car-owner's liability under this contract shall, at the option of the County, insurance. become its property and the Contractor shall be entitled to The Contractor is not required to provide and receive just and equitable compensation for any maintain automobile liability insurance on any satisfactory work completed on such materials,minus any vehicle--owned,hired,or non-owned—unless the payment or compensation previously made. vehicle is used in the performance of this contract. (d) The insurance coverage minimums specified in Termination for Cause: If, through any cause, the subparagraph(a)are exclusive of defense costs. Contractor shall fail to fulfill its obligations under this (e) The Contractor understands and agrees that the contract in a timely and proper manner,the County shall insurance coverage minimums specified in have the right to terminate this contract by giving written subparagraph (a) are not limits, or caps, on the notice to the Contractor and specifying the effective date Contractor's liability or obligations under this thereof. In that event,all finished or unfinished deliverable contract. items prepared by the Contractor under this contract shall, (f) The Contractor may obtain a waiver of any one or at the option of the County,become its property and the more of the requirements in subparagraph(a)by Contractor shall be entitled to receive just and equitable demonstrating that it has insurance that provides compensation for any satisfactorywork completed on such protection that is equal to or greater than the materials,minus any payment or compensation previously coverage and limits specified in subparagraph(a). made. Notwithstanding the foregoing provision, the The County shall be the sole judge of whether Contractor shall not be relieved of liability to the County such a waiver should be granted. for damages sustained by the County by virtue of the (g) The Contractor may obtain a waiver of any one or Contractor's breach of this agreement,and the County may more of the requirements in paragraph (a) by withhold any payment due the Contractor for the purpose demonstrating that it is self-insured and that its of setoff until such time as the exact amount of damages self-insurance provides protection that is equal to due the County from such breach can be determined. In or greater than the coverage and limits specified in case of default by the Contractor, without limiting any subparagraph (a). The County shall be the sole other remedies for breach available to it,the County may judge of whether such a waiver should be granted. procure the contract services from other sources and hold (h) Providing and maintaining the types and amounts the Contractor responsible for any excess cost occasioned of insurance or self-insurance specified in this thereby. The filing of a petition for bankruptcy by the paragraph is a material obligation of the Contractor shall be an act of default under this contract. Contractor and is of the essence of this contract. (i) The Contractor shall only obtain insurance from Waiver of Default:Waiver by the County of any default companies that are authorized to provide such or breach in compliance with the terms of this contract by coverage and that are authorized by the the Provider shall not be deemed a waiver of any Commissioner of Insurance to do business in the subsequent default or breach and shall not be construed to State of North Carolina.All such insurance shall be modification of the terms of this contract unless stated meet all laws of the State of North Carolina. to be such in writing, signed by an authorized (j) The Contractor shall comply at all times with all representative of the County and the Contractor and lawful terms and conditions of its insurance attached to the contract. policies and all lawful requirements of its insurer. (k) The Contractor shall require its subcontractors to Availability of Funds: The parties to this contract agree comply with the requirements of this paragraph. and understand that the payment of the sums specified in (1) The Contractor shall demonstrate its compliance this contract is dependent and contingent upon and subject with the requirements of this paragraph by to the appropriation, allocation,and availability of funds submitting certificates of insurance to the County for this purpose to the County. General Terms and Conditions—(07/10) Page 2 of 5