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. and hold harmless Orange County <br /> 5. Indemni : The Provider agrees to defend, indemnify, <br /> demands, suits, costs, damages or expenses (including reasonable <br /> from all losses, liabilities, claims, y person or persons or damage to or <br /> attorney's fees) arising from bodily injury, including death, e an p P <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br /> 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 Proved <br /> 7. Entire Agreement: The parties have read this <br /> d exclusive� i statement of of the Agreement between <br /> terms, and further agree that it constitutes the complete gna the parties. Modifications may be evidenced <br /> the parties unless and until modified in writing and signed by p <br /> by telefacsimile signature. <br /> 8. Governing;Law: Both parties agree that to Agreement <br /> o settle any dispute involving he terms of this <br /> State of North Carolina. Should either party initiate litigation <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County,North Carolina. and the <br /> 9. Non Appropriation: Provider acknow <br /> availability o public funding under the authority of its�st statutory <br /> validity of this Agreement is based upon the avail ty P <br /> mandate. In the event that public funds are unavailable shalloautomatcally expire without penalty to County <br /> obligations under this Agreement, then this Agreement <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 <br /> as of the day first written above. <br /> ORANGE COUNT PROVIDER <br /> By: Mk Ih tC (Mil . 0 C.� <br /> By: Title <br /> Cou ty Mana r Grey Seal Puppets(Drew Allison) <br /> 200 S. Cameron St. 231 Foster Ave <br /> P.O.Box 8181 Charlotte,NC 28203/704-521-2878 <br /> Hillsborough,NC 27278 <br /> This ' n been approved as to technical content. <br /> L n a ger,De ment Director <br /> This in in nt een pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> a A, <br /> Office of the Finance Director <br /> This instrument has been approved as to form and legal sufficiency. <br /> Office of the County Attorney <br /> Revised July 2010 2 <br />