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Doc 13 11 06:16p c'M Fi rLess 9193815214 p•2 <br /> i <br /> 5. Indemni The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabiliri 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 /> b. 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 telefaesimile signature. <br /> 8. <br /> 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 Appro np iation: 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 funds 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 funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective <br /> as of the day first writtel above. <br /> OR PROVIDER <br /> By: •By: <br /> Co y Manager Title: <br /> 200S. arneron St. Kymb Taylor <br /> P.O.Box 8181 2320 Little River Church Road <br /> Hillsborough,NC 27278 Hurdle Mills,NC 27541 <br /> This instrument has n approved as to technical contend <br /> David Stancil,Department Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Cott 1 Act. <br /> I <br /> Office of the Finance Director <br /> This in ment has been approved as to form and legal sufftcieticy. <br /> Office of the unty Attorney <br /> Revised July 2010 2 <br /> I <br />