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5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br /> part of the Provider. <br /> 6. Termination: This Agreement may be terminated at any time by mutual written <br /> agreement of the parties or by the County upon written notice to the Provider. <br /> 7. Entire Agreement: The parties have read this Agreement and agree to be bound by <br /> all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement <br /> between the parties unless and until modified in writing and signed by the parties. Modifications may be <br /> evidenced by telefacsimile signature. <br /> 8. Governing Law: Both parties agree that this Agreement shall be governed by the <br /> laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the <br /> terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina <br /> seated in Orange County,North Carolina. <br /> 9. Non Appropriation: Provider acknowledges that County is a governmental entity, <br /> and the validity of this Agreement is based upon the availability of public funding under the authority of its <br /> statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of <br /> County's obligations under this Agreement, then this Agreement shall automatically expire without penalty <br /> to County immediately upon written notice to Provider of the unavailability and non-appropriation of public <br /> funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective <br /> as of the day first written above. <br /> ORANGE COUNT PROVIDER <br /> By: •L. _Ali I A 0 <br /> BY: 4i ' milt • <br /> County Manag.e Title: /L/Ar,MIWk;el. UC <br /> 200 S. Cameron S . 3431 Pickett Road <br /> P.O.Box 8181 Durham,NC 27705 <br /> Hillsborough,NC 27278 Vendor#61228 <br /> This instrument has been approved as to technical content. <br /> Jani yler,Departm t Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Contr 1 Act. <br /> G� —t/t/ I A."------- <br /> Office of the Finance Director <br /> This ink ent has been approved as to form and legal sufficiency. <br /> J <br /> 3 <br /> Revised July 2010 <br />