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5, Indemnitv: The Provider agees to defend, indemnify, and hold harmless Orange County <br />from a11 losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br />attorney's fees) arising from bodily injury, including death, to any person or persons or damage to ar <br />destruction of any property caused in whole or in part by any negligent or intentional act ar omission on the <br />part of the Provider. <br />6. Termination: This Agreement may be terminated at any time by mutual written <br />agreement of the parties or by the County upon written notice to the Provider. <br />7. Entire A~eement: The parties have read this Agreement and agree to be bound by <br />all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement <br />between the parties unless and until modified in writing and signed by the parties. Modifications may be <br />evidenced by telefacsimile signature. <br />g, Governing Law: Both parties agree that this Agreement shall be governed by the <br />laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the <br />terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina <br />seated in Orange County, North Carolina. <br />g_ Non A~propriation: Provider acknowledges that County is a governmental entity, <br />and the validity of this Agreement is based upon the availability of public funding under the authority of its <br />statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of <br />County's obligations under this Agreement, then this Agreement shall automatically expire without penalty <br />to County immediately upon written notice to Provider of the unavailability and non-appropriation of public <br />funds. <br />IN WITNESS WHEREOF, Orange County and the Provider ha~e signed this Agreement, effective <br />as of the day first written above. <br />ORANGE COUNTY <br />By: <br />Coun anager <br />200 S. Cameron St. <br />p.o. BoX sls~ <br />Hillsborough, NC 27278 <br />PROVIDER <br />By: y ~ ~ _ <br />Title: vy, ~ _ _ .,~ <br />Address: ~nj~~~~k ~,.~t~,~, <br />l'~ B~~ k R I D G~ ~ L i <br />~u~NR~, NC ~~~13 <br />This instrument has been approved as to technical content. <br />~ ~ <br />J ce yler, Dep 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 />This in~rument has been approved as to form and legal sufficiency. <br />;, <br />g ~Ff~«' oF 1"N~' vneTY /4sr6~2iv,C-'Y <br />Revised July 2010 / <br />