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10. Assignment. Chatham County shall not assign this Agreement, including the rights <br /> to payment, to any other party without the prior written consent of Orange County, <br /> which consent may not be unreasonably withheld, conditioned, or delayed. <br /> 11. Indemnification. Chatham County agrees to defend, indemnify, and hold harmless <br /> Orange County, for all loss, liability, claims or expense (including reasonable <br /> attorney's fees) 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 willful misconduct <br /> of Chatham County, except to the extent same are caused by the negligence or willful <br /> misconduct of Orange County. Orange County agrees to defend, indemnify, and <br /> hold harmless Chatham County, for all loss, liability, claims or expense (including <br /> reasonable attorney's fees) arising from bodily injury, including death or property <br /> damage, to any person or persons caused in whole or in part by the negligence or <br /> willful misconduct of Orange County, except to the extent same are caused by the <br /> negligence or willful misconduct of Chatham County. It is the intent of this section <br /> to require each County to indemnify the other County to the extent permitted under <br /> North Carolina law. Nothing in this section is intended to affect or abrogate either <br /> Orange County or Chatham County's sovereign immunity defenses. <br /> 12. 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 /> 13. Non-Discrimination. Both parties hereto for themselves, their agents, officials, <br /> employees and servants agree not to discriminate in any manner on the basis of race, <br /> color, gender, national origin, age, handicap, and religion with reference to any <br /> activities carried out by the grantee, no matter how remote. This provision is <br /> enforceable by action for specific performance, injunctive relief, or other remedy as <br /> by law provided; this provision shall be binding on both Counties and their <br /> respective successors and assigns. <br /> 14. 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. <br /> 15. Notice. The Parties hereto agree and understand that written notice, mailed or <br /> delivered, to the last known address shall constitute sufficient notice to Orange <br /> County and Chatham County. All notices required and/or made pursuant to this <br /> Agreement to be given to either Party shall be in writing and mailed to the party <br /> addressed as follows: <br /> Orange County: Department of Social Services Chatham County <br /> Community Outreach and Education Office Chatham 360 <br /> Post Office Box 8181 Post Office Box 1809 <br /> Hillsborough,NC 27278 Pittsboro,NC 27312 <br /> Attn: Sharron Hinton Attn: Renee Paschal <br /> 1469755Chatham County <br /> Orange County Agency Performance Agreement <br /> Page 7 of 9 <br />