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11. Assignment. The Provider shall not assign this Agreement, including the rights to <br /> payment,to any other party without the prior written consent of the County. <br /> 12. Indemnification. Provider agrees to defend, indemnify, and hold harmless the <br /> County, for all loss, liability, claims or expense (including reasonable attorney's fees) <br /> arising from bodily injury, including death or property damage, to any person or <br /> persons caused in whole or in part by the negligence or willful misconduct of the <br /> Provider, except to the extent same are caused by the negligence or willful <br /> misconduct of the County. It is the intent of this section to require Provider to <br /> indemnify the County to the extent permitted under North Carolina law. Nothing in <br /> this section is intended to affect or abrogate the County's sovereign immunity <br /> defenses. <br /> 13. Non-Appropriation. This Agreement is subject to the availability of funds to <br /> purchase the specified services and may be terminated at any time if such funds <br /> become unavailable. <br /> 14. Non-Discrimination. Provider agrees as part of consideration of the granting of <br /> funds by Orange County the parties hereto for themselves, their agents, officials, <br /> employees and servants agree not to discriminate in any manner of these basis of <br /> race, color,gender, national origin, age, handicap, religion, sexual orientation, familial <br /> status or veterans status with reference to any activities carried out by the grantee, no <br /> matter how remote. The parties hereto further agree in all respects to conform to <br /> the provision and intent of Orange County Civil Rights Ordinance, as amended. <br /> This provision is enforced by action for specific performance, injunctive relief, or <br /> other remedy as by law provided; this provision shall be binding on the grantees, the <br /> successors and assigns of the parties hereto with reference to the above subject <br /> manner. <br /> 15. Living Wage. Orange County is committed to providing its employees with a living <br /> wage and encourages agencies it funds to pursue the same goal. The County's living <br /> wage is $10.97 per hour (and may be increased for the fiscal year for this <br /> agreement). To the extent possible, Orange County recommends that Animall<ind, <br /> Inc. provide a living wage to its employees. <br /> 16. Notice. The Parties hereto agree and understand that written notice, mailed or <br /> delivered, to the last known address shall constitute sufficient notice to the County <br /> and the Provider. All notices required and/or made pursuant to this Agreement to <br /> be given to the County and the Provides shall be in writing and mailed to the party <br /> addressed as follows: <br /> Orange County Animal Services AnimalKind, Inc. <br /> Director Executive Director <br /> Post Office Box 8181 Post Office Box 12568 <br /> Hillsborough, NC 27278 Raleigh,North Carolina 27605 <br /> 17. Entire Agreement. This Agreement, including any referenced attachments, <br /> constitutes the entire Agreement between the parties and shall supersede, replace or <br /> AnimalKind,Inc. <br /> Orange County Performance Agreement <br /> Page 7 of 9 <br />