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5. Indenuiitv: The Provider agrees to defend, indem~iify, a~id hold L~~rmless Orange Cou~~ty <br />from all losses, liabiiities, claims, dema+~ds, suits, costs, dAmnges ar expenses (including reasonnbte <br />attorney's fees) arising from bodily inju~y, includ'u~g death, to any person or persons or dan~age to or <br />destruction of any property caused in whole or in pa~t by ai~y negligent a• intentional acf or omission on the <br />pa--t of the Provider. <br />6. Terminatio~~: This Agreement may be ter-ninated t~t any time by nn~hial ~vritte~~ agree-nent of <br />the parties or by the County upon ~vritten notice to ttie Provider. <br />7. Entice A~reement: The pa-ties have read this Agreemeut and agree to be bound by alt of its <br />teru~s, and fin•tl~er lgree tl~at it constih~tes tl~e canplete and e,cclusive statement of the Agreement behveen <br />the parties uuless and until modified 'u~ writing and signed by tl~e pa~~ties. Modifications may be evidenced <br />by telefacsimite signnture. <br />8. Gover~ii~t Lg a~v: Both parties agree that this Agreement shall be governed by the la~vs of tlie <br />Sfate of Norfh Carolina. Should eitt~er party ittitiate litigation to settle any dispute involving tt~e te-•ms of this <br />Agreement such litigation shall be i11l11AC8(~ in the General Cotu•t of Justice of North C~rolina seated in <br />Orange Coun[y, No~~th Carolinn, <br />9, Non Auprouriation: Provider aclu~o~vledges tl~at Cou~~ty is a governmental entity, and the <br />validity of tl~is Agreement is based npan the av~ilability of public fiinding wider the authority of its stat~itory <br />mandate. In the event tl~at public fiuids are unavailable and not appropriated for the performance of County's <br />oUtigatious under this Agreement, t~en t~~is Agreement shatl automatically expire without penalty to Coimty <br />immediately upon ~vritten notice to Provider oft~e unavailability ~nd non-appropeiation of public fi~uds. <br />IN WITIVESS WH~REOF, Orange County and ti~e Provider have sig~ied this Agree~uent, effective <br />as of the day first written above, <br />~xatv -~ t. u ~1~ PROVIll~R <br />BY.C nty Man er T tle: r~~ ~• " C~e/lltti~-'~ <br />~ <br />2p0 S. Camer t. <br />P.O. Box S1 <br />Hilfsborou~;h, NC 27278 <br />Tt~is i~~st~~ucneut l~as approved as to technical co~-tent. <br />/ ~t-C~ <br />David Staizcil, Deparhuent Director <br />This instri~ment I~as been pre-atidited in the manner requu•ecl Uy tlie Local Goveri~meut Badget and Fiscal <br />Cou Act. <br />~-~---~--- ,/~ . ~-- <br />Office of ttie rinance Director <br />Tlus ic rument has been approved as to form and legal sufficiency. <br />ffice of the oii l}~ Attorney <br />Revised July 2010 2 <br />