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5. htdenutih~: 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 front 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 />G. Termination: This Agreement Wray 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. )Jntite Agreement: fihe parties have read this Agreement and agree to be bound by all of its <br />terms, and fitrther agree that it cottstihttes the complete and e~chtsive statement of the Agreement behveen <br />the parties tutless and until modified in writutg and signed by the parties. Modifications may be evidenced <br />by telefacsimile sigttattu•e. <br />8. Governing Law: Both parties agt•ee that this Agreement shall be governed by dte lativs 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 fluids 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 />inunediately upon written notice to Provider of the unavailability and non-appropriation of public funds, <br />IN WITNESS WHEREOI+, Orange County and the Provider have sighed this Agreement, effective <br />as of the day fast written above. <br />ORANGE O <br />By: <br />Cou anager <br />200 S. Cameron St. <br />P,O. Boa 8181 <br />Hillsborough, NC 27278 <br />PRO ER <br />;, <br />By: <br />T' ~' ~Jr <br />This utstrument has pproved as to teclutical content. <br />David Stancil, .Department Duector <br />This instrument has been pre-audited in the manner required by the Local Govermnent Budget and Fiscal <br />Control Act. <br />Office ofthe Finance Director <br />This ills meta has been approved as to form and legal sufficiency. <br />Office of the ou ty Attorney <br />Revised Scpteniber 20 t 0 2 <br />