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f t . <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <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 Provider. <br /> 7. Entire Agreement: 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 <br /> the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br /> by telefacsimile 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 <br /> Orange 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 finds 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 finds. <br /> IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br /> as of the day first written above. <br /> ORANGf7CqUNTY 11 ROV711 Ell <br /> By: By: <br /> County Manag • Title: V14614 <br /> _ <br /> 200 S. Cameron St. Marvin Axelrod <br /> P.O. Box 8181 116 Brook Lane <br /> Hillsborough, NC 27278 Durham, NC 27712 <br /> This * rul ias e approved as to technical content. <br /> ucinda Xf ung , Departme irec or <br /> This instru lent has b en -audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> ela'."6, P, <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 />