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4. .. ,. <br />5. Indemnitv: The Provider agrees to defend, indemnify, and hold hannless Orange County <br />from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br />attorney's fees) arising frorn bodily injury, including death, to any person or persons or damage to or <br />destruction of any property ca.used in whole or in part by any negligent or intentional act or omission on the <br />part of the Provider. <br />6. Ternunation: 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. Errtire 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 signa.ture. <br />8. Governing Law: Both parties agree that this Agreement shall be govemed 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 sha11 be initiated in the Generat Court of Justice of North Carolina seated in <br />Orange County, North Carolina. <br />9. Non Anpropriation: 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. Ia~ the everrt that public funds are una.vailable 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 written above. <br />ORANG COUNTY <br />By: <br />co M~ <br />200 S. Cameron . <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />PROVIDER <br />By: <br />Title: i hc~,.-.,~ c~n,~ <br />1411 Indian Camp Road <br />Chapel Hill, NC 27516 <br />Vendor # ~ ~ b qj <br />This instrument has been approved as to technical content <br />J ~ce yler, Depar~ent Director <br />This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br />Control Act. <br />~~.. /,~, <br />Office of the Finance Director <br />lfiis i ent has been approved as to form and legal sufficiency. <br />,~ <br />Office of the nty Attorney <br />, <br />Revised July 2010 <br />2 <br />