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its assets,or shall significantly reduce its services,during the term of this Agreement,or <br /> in the event that the Department shall fail to render a satisfactory accounting as <br /> provided herein, then, and in that event, the Town may terminate this Agreement and <br /> the Department, to the extent permitted by law,will return all payments already made to <br /> it by the Town, for services which have not been provided, or of which no satisfactory <br /> accounting has been rendered. <br /> 6. Hold Harmless <br /> To the extent permitted by law,the Department agrees to protect, defend, indemnify <br /> and hold harmless the Town of Chapel Hill from all loss, liability, claims or expense <br /> (including reasonable attorney's fees) arising from bodily injury, death or property <br /> damage to any person or persons caused in whole or in part by the negligence or willful <br /> misconduct of the Department, except to the extent same are caused by the negligence <br /> or misconduct of the Town of Chapel Hill. <br /> 7. Non-Discrimination <br /> In matters of employment,provision of services and contracting,the Department agrees <br /> to act without regard to race, color, sex,religion, age, national origin, affectional <br /> preference, or handicapped status. <br /> 8. Amendments <br /> This Agreement may be amended by mutual agreement of the Department and the <br /> Town. <br /> 9. Entire Agreement <br /> This Agreement constitutes the entire Agreement of the parties hereto. <br /> .10. Appropriation of Funds <br /> This Agreement is subject to the appropriation of required funds by the Town Council for fiscal <br /> years beginning after June 30,2002. <br /> THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK <br /> 2 <br />