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purposes. The Provider understands that neither federal,nor state,nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the <br /> employees of the Provider. <br /> 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to <br /> adequately insure itself during the performance of these services as required by the <br /> County's Risk Management Policy. <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange <br /> County from all losses, liabilities, claims, demands, suits, costs, damages or <br /> expenses(including reasonable attorney's fees) arising from bodily injury, including <br /> death, to any person or persons or damage to or destruction of any property caused <br /> in whole or in part by any negligent or intentional act or omission on the part of the <br /> 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 <br /> statement of the Agreement between the parties unless and until modified in writing <br /> and signed by the parties. Modifications may be evidenced by telefacsimile <br /> 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 <br /> any dispute involving the terms of this Agreement such litigation shall be initiated in <br /> the General Court of Justice of North Carolina seated in Orange County, North <br /> 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 <br /> under the authority of its statutory mandate. In the event that public funds are <br /> unavailable and not appropriated for the performance of County's obligations under <br /> this Agreement, then this Agreement shall automatically expire without penalty to <br /> County immediately upon written notice to Provider of the unavailability and non- <br /> appropriation of public 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 COUNTY PROVIDER <br /> B t)/I // By: NJLv L� <br /> County Manay r Title: 77-ci <br /> 200 S.Cameron St. 7700Amesbury Drive <br /> P.O.Box 8181 Chapel Hill,NC 27514 <br /> Hillsborough,NC 27278 Vendor#34784 <br />