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engaged in work under this Agreement shall be fully qualified and shall be authorized <br />and permitted under federal, state and local law to perform such services. <br />9. Compliance with all Laws. The Provider, at its sole expense, shall comply with all <br />laws, ordinances, orders and regulations of the federal, state or local governments, as <br />well as their respective departments, commissions, boards, and officers, which are in <br />effect at the time of execution of this Agreement or are adopted at any time <br />following execution of this agreement. <br />10. Subcontract. The County and Provider deem the services provided under this <br />Agreement to be personal in nature and Provider may not subcontract any rights or <br />duties under this Agreement to any other party without prior written consent from <br />the County. <br />11. Assignment. The Provider shall not assign this Agreement, including the rights to <br />payment, to any other party without the prior written consent of the County. <br />12. Indemnification. Provider agrees to defend, indemnify, and hold harmless the <br />County, for .all loss, liability, claims or expense (including reasonable attorney's fees) <br />arising from bodily injury, including death or property damage, to any person ox <br />persons caused in whole ox in part by the negligence or willful misconduct of the <br />Provider, except to the extent same are caused by the negligence or willful <br />misconduct of the County. It is the intent of this section to require Provider to <br />indemnify the County to the extent permitted under North Carolina la.w. Nothing in <br />this section is intended to affect or abrogate the County's sovereign immunity <br />defenses. <br />13. Non-Appropriation. This Agreement is subject to the availability of funds to <br />purchase the specified services and may be terminated at any time if such funds <br />become unavailable. <br />14. Non-Discrimination. Provider agrees as part of consideration of the granting of <br />funds by Orange. County the parties hereto for themselves, their agents, officials, <br />employees and servants agree not to discriminate in any manner of these basis of <br />race, color, gender, national origin, age, handicap, religion, sexual orientation, familial <br />status or veterans status with reference to any activities carried out by the grantee, no <br />matter how remote. The parties hereto further agree in all respects to conform to <br />the provision and intent of Orange County Civil Rights Ordinance, as amended. <br />This provision is enforced by action for specific performance, injunctive relief, or <br />other remedy as by law provided; this provision shall be binding on the grantees, the <br />successors and assigns of the parties hereto with reference to the above subject <br />manner. <br />15. Living Wage. Orange County is committed to providing its employees with a living <br />wage and encourages agencies it funds to pursue the same goal. The County's living <br />wage is $10.12 per hour (and may be increased for the fiscal year for this <br />agreement). To the extent possible, Orange County recommends that AnimalKind, <br />Inc. provide a living wage to its employees. <br />AnimalKind, Inc. <br />Orange County Performance Agreement <br />Page 7 of 9 <br />