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5. Ltdemnih~: The Provider agrees to defend, indemnify, and hold harmless Orange County <br />from alt losses, liabilities, claims, demands, suits, costs, damages or expanses (includ'uig reasonable <br />attorney's fees) arising from bodily injury, incladiug death, to any person or persons or damage to ot• <br />destruction of any property caused in whole or in part by any negligent or intentional act a• 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 orb}~ the County upon writ#en 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 behveen <br />the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br />by telefacsimile signature. <br />8. Governin Lg, aw: Both patties agree that this Agreement shall be governed by the laws of the <br />State of Notch Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br />Agt•eemeut sach litigation shall be initiated in the General Court of Justice of North Carolina seated in <br />Orange County, North Carolina. <br />9. Non A~~ropriation: 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. Iii the event that public fiords 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 fiords. <br />IN W)(TNESS WHEREOr, Orange County and the Provider have signed this Agreement, effective <br />as of the day first written above. <br />ORANGE CO <br />By: <br />Coot anag r <br />200 S. Cameron S <br />P.O. Box 8181 <br />I-lillsborough, NC 27278 <br />PROVIDER <br />Title: l-,`l~ v t ~R.or~ t~~"~JK ~c.~ L"'~>a L~`~"2- <br />This insh•ument. been approved as to technical content. <br />David Stancil, Department Director <br />Thisntsttumeut has been pre-audited in the manner requu•ed by the Local Govermnent Budget and Fiscal <br />Control Act. <br />C~G~-~ ~. ~~. <br />Office of the Finance Director <br />This ins • anent has been approved as to form and legal sufficiency. <br />Office of the ou Attorney <br />Revised September 2010 2 <br />