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5. Indemni :The Provider agrees to defend, indenmify, and hold harmless Orange County <br />fl'0211 all losses, liabilities, claims, demands, suits, costs, damages or e.cpenses (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 Ue tet•minated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider. <br />7. Entn•e Agreement: The parties have read this Agreement and agree to be bound by all of its <br />terms, and fiu-ther agree that it constihites the complete and e.cclusive statement of the Agreement behveen <br />the pac•ties unless and anti{ modified.in writing alld signed by the parties. Modifications may be evidenced <br />by telefacsinile signature. <br />8. Governin Lg aw: Botii parties agree that this Agreement shat{ 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 iI <br />Orange County, North Carolina. <br />9. Non Ap~-•o rip ation: Provider acknowledges that County is a goverlvnentat entity, and the <br />validity of this Agreement is based upon tl-e availability of public fitnding under the authority of its statutory <br />mandate. In the event that public finds are unavailable and not appropriated for the performatlce of Cotutty'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 WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br />as of the day first written above. <br />ORAN C UNT <br />By: <br />CoI Maua !t <br />200 S. Cameron St. <br />P.O. Boa 8181 <br />Hillsborough, NC 27278 <br />PROVIDER <br />By: ~~ S <br />Title: ~ t? r-v ~ ~ r _s ,~-.~i~•.e c/~r <br />Carla Laws <br />Aerobics Instructor <br />This instrument has approved as to technical content. <br />David Stanch, Department Director <br />This insU•ument has been pre-audited in the matmer reduied by the Local Government Budget and Fiscal <br />Control Act. <br />Office of the Finance Director <br />This ins nneut has been approved as to form and legal sufficiency. <br />Office of the of ty Attorney <br />Revised July 2010 2 <br />