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5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from <br />all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) <br />azising from bodily injury, including death, to any person or persons or damage to or destruction of any property <br />caused in whole or in part by any negligent or intentional act or omission 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 Asreement: 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 between the <br />parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by <br />facsimile 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 terms of this <br />Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange <br />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 statutory <br />mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br />immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br />IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as <br />of the day first written above. <br />ORANGE <br />By: <br />200 S. CamerorfSt. <br />Post Office )~'ox 8181 <br />P.O. Box 81 <br />Hillsboro{~~h, NC 27278 <br />PROVIDER: Fed Tax ID# <br />By: G <br />Title: <br />Ferr irm, P.C. <br />Post Office Box 1 E <br />Chapel Hill, North <br />This ins ment has been app ved as to technical content. <br />ra L. Fik , D rtment Director <br />27516 <br />This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br />Control Act. <br />C~a,.~, w .~../~ <br />Clar ce G. Grier, Financial Services Director <br />Thi s rum t 1 been approved as to form and legal sufficiency. <br />Annehte M. More, Staff Attorney <br />Revised April 2010 <br />