Orange County NC Website
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5. Indemni : The Provider agrees to defend, uidemnify, and liold harmless Orange County <br />from all losses, liabilities, claims, demands, suits, costs, da~nages or expenses (including reasonable <br />attorney's fees) arising from bodily injury, including death, to auy person or persons or damage to or <br />destre~ction of any property caused in whole or in part by any negligent or intentioi~al act or omission on the <br />part of the Provider. <br />6. Tern~ination: This Agreecnent may be terininated at any tune by mutual ~vritten agreement of <br />the parties or by the County upon ~vritten notice to the Provider. <br />7. Entire A•eement: The parties have read this Agreement and agree to be bound by all of its <br />tenns, and fiirther agree that it constitutes the complete and exclusive statement of tha Agreement beriveen <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 L~ a~v:_Both parties agree that this Agreement sha[1 be govenied by the laws of the <br />State of North Carolina. Should eitlier party initiate litigation to settle any dispute involving the terms of ttus <br />Agreement such litigation shall be initiated in ti~e Generat Court of Justice of Nort~ Carol'tna seated in <br />~range County, Nortt~ Caro[in~. <br />9. Non Anpropriation: Provider acknowledges that County is a governmental entity, and the <br />validity of tl~is Agreement is based upon the availability of public funding under the authority of its statutory <br />mandate. In the event tliat public funds are unavailabte and not appropriated for !he performance of Couuty's <br />obligations under tliis Agi•eement, then tl~is Agreement shall automatically expire ~vithout penalty to County <br />irnmediately upon written notice to Provider of tlte unavailability and non-appropriation of public fiinds. <br />IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br />as of the day first writte-~ above. <br />ORANG COUNTY <br />By: <br />Coui~ anager <br />200 S. Cameron St. <br />P.O. Box S 181 <br />Hillsborough, NC 27278 <br />PROVIDER <br />By: C~~~ ~~. ~~~' <br />Title: ~vrh~-' Tns ~o~lor <br />Erick Crepsac <br />Guitar Instn~ctor <br />This instrument has b pproved as to technical content. <br />~ <br />David Stancil, Department Director <br />This instrument lias been pre-audited in the manner renuired by the Local Government Budget and Fiscal <br />Coutrol Act. . <br />lt~.w ~ ~-, <br />Offiee of the Finance Director <br />This in trument has beeu approved as to form aud lagal suff"icieucy. <br />ffiee of tf~ Co nty Attorney <br />Revised July 2010 2 <br />