2012-093 Library - Art Fettig for program presentation on new book

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s• 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire A~reement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governin L~ aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non A~propriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. 1N WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANG~ PROVIDER ,-- B . BY~ cin a Mu er, Depa i Title: -~~ c l c~~ ~-t ~a ~«~ ~(f cI a~~,1 <<~ a~J C 200 S. Ca ron St. Art Fettig P.O. Box 8181 2430 Timber Oak Dr. Hillsborough, NC 278 Hillsborough, NC 27278 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C~~....~,- ~j. .~-- Office of the Finance Director This instrument has been approved as to form and legal sufficiency. °~,~,,,~ `` Office of the C nty Attorney March 2012 2