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i) Comprehensive General Liability Insurance covering claims arising out of or <br />relating to bodily injury, including bodily injury, sickness, disease or death of any <br />of the PHS's employees or any other person and to real and personal property <br />including loss of use resulting thereof in the amount of at least $ 1,000,000 for <br />each occurrence and $2,000,00 in the aggregate; <br />b. Additional Insured. All insurance policies required under this Agreement shall name the <br />County as an additional insured party. Evidence of such insurance shall be furnished to <br />the County, together with evidence that each policy provides the County with not less <br />than thirty (30) days prior written notice of any cancellation, non-renewal or reduction <br />of coverage. <br />8. Indemnity <br />a. Indemnity. PHS agrees to defend, indemnify and hold harmless the County from all loss, <br />liability, claims or expense, including attorney's fees, arising out of or related to the <br />Agreement and arising from bodily injury including death or property damage to any <br />person or persons caused in whole or in part by the negligence or misconduct of PHS <br />except to the extent same are caused by the negligence or willful misconduct of the <br />County. It is the intent of this provision to require the PHS to indemnify the County to <br />the fullest extent permitted under North Carolina law. <br />9. Amendments to the Agreement <br />a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional <br />compensation or a change in duration of this Agreement shall be made by a written <br />Amendment to this Agreement executed by the County and the PHS. The County shall <br />proceed to perform the Services required by the Amendment only after receiving a fully <br />executed Amendment from PHS. <br />10. Termination <br />a. Termination for Convenience of the County. This Agreement may be terminated without <br />cause by the County and for its convenience upon seven (7) days' prior written notice to <br />the PHS. <br />b. Other Termination. PHS may terminate this Agreement based upon the County's <br />material breach of this Agreement provided the County has not taken all reasonable <br />actions to remedy the breach. PHS shall give the County seven (7) days' prior written <br />notice of its intent to terminate this Agreement for cause. <br />c. Compensation After Termination. <br />i) In the event of termination, the County shall be paid that portion of the fees and <br />expenses that the employee has earned to the date of termination. <br />Revised April 2010 <br />