Orange County NC Website
Insurance which states that no liability shall be imposed upon the Contractor for failure to <br /> provide such notice is not acceptable. Original policies or certified copies of policies may be <br /> required by the County at any time. <br /> It shall be the responsibility of the Contractor to insure that all subcontractors comply with the <br /> same insurance requirements that the Contractor is required to meet. <br /> SECTION 11 <br /> Warranty: The Contractor warrants that it understands the currently known hazards and <br /> suspected hazards that are presented to persons, property, and the environment by the <br /> transportation, treatment, and disposal of hazardous wastes. The Contractor further warrants that <br /> it will perform all services under this Agreement in a safe, efficient, and lawful manner using <br /> best industry-accepted practices, and in full compliance with all laws. The County warrants that <br /> it is in compliance with all laws governing its activities under this Agreement, and that it is under <br /> no legal restraint or order which would prohibit transfer of possession or title of collected wastes <br /> to the Contractor or prohibit the servicing of such waste or the Contractor's performance of <br /> services under this Agreement. <br /> SECTION 12 <br /> Indemnification: Contractor agrees to defend, indemnify,and hold harmless County from all loss, <br /> liability, claims or expense (including reasonable attorneys' fees)arising from bodily injury, <br /> including death, and property damage, including any environmental injury,to any person or persons <br /> caused in whole or in part by the negligence or willful misconduct of Contractor except to the <br /> extent same are caused by the negligence or misconduct by County. County agrees,to the extent <br /> allowed by law and to the extent of insurance policies owned by County,to defend, indemnify,and <br /> hold harmless Contractor from all loss, liability, claims or expense, including death or property <br /> damage,to any person or persons caused in whole or in part by the negligence or willful <br /> misconduct of County except to the extent same are caused by the negligence or misconduct by <br /> Contractor. <br /> SECTION 13 <br /> Independent Contractor: The Contractor is and shall perform all work and services described in <br /> this Agreement as an independent contractor and not as an officer, agent, servant, or employee of <br /> County. Contractor shall have and maintain exclusive control of and the exclusive right to <br /> control the details of the services and work performed hereunder and all persons performing the <br /> same and nothing herein shall be constituted as creating a partnership or joint venture between <br /> County and Contractor. No person performing any work or services described hereunder shall be <br /> considered an officer, agent, servant or employee of County, and no such person shall be entitled <br /> to any benefits available or granted to employees of County. <br /> 14 <br />