Orange County NC Website
12 <br />SECTION NINE <br />INDEMNIFICATION <br />Market agrees to defend, indemnify, and hold harmless the County, for all loss, liability, <br />claims or expense (including reasonable attorney's fees) arising from bodily injury, including <br />death or properly damage, to any person or persons caused in whole or in part by the negligence <br />or misconduct of the Market, or any third pariy user of, or vendor at, the Farmers' Market <br />Pavilion during Market's licensed use, except to the extent same are caused by the negligence or <br />willful misconduct of the County. <br />It is the intent of this section to require Market to indemnify the County to the extent <br />pernutted under North Carolina law. <br />SECTION TEN <br />MISCELLANEOUS <br />It is agreed that this Agreement shall be governed by, construed, and enforced in <br />accordance with the laws of the State of North Carolina. <br />Food trucks or other mobile dispensaries of food products shall have all appropriate <br />licenses, inspections, and permits. Such food hucks or mobile dispensaries of food products <br />shall be restricted to operating in the location(s) set out in Exhibit A. <br />Market shall not issue sublicenses for the use of the Farmers' Market Pavilion. Any <br />sublicense sha11 be void and any attempt to issue a sublicense shall constitute breach of this <br />License Agreement. <br />A Market representa.tive shall meet annually with the County Manager or County <br />Manager's designee to review this License Agreement, discuss the Parties' compliance <br />therewith, review proposed special Market events as described in Section One (C), and discuss <br />suggested modifications thereto. <br />Any modification of this Agreement or additional obligation assumed by either party in <br />connection with this Agreement shall be binding only if evidenced in writing signed by each <br />party or an authorized representative of each party. <br />By signing below, the representative of market warrants that he/she is authorized to <br />execute this Agreement on behalf of Market, and that he/she has obtained all authorizations, <br />approvals, and resolutions from Market that are necessary in order to duly bind Market to this <br />Agreement. <br />SIGNATURE PAGE TO FOLLOW <br />