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T1T E <br /> FY <br /> ORANGE COUNTY <br /> CONTRACT UNDER$109, 00 <br /> NORTH CAROLINA <br /> THIS AGREEM M, made and entered into this 1 S day of Oct , 20 12 ("Effective <br /> Late') by and between Orange County,North Carolina,a body politic and corporate organized under the <br /> laws of the State of North Carolina,(tire"County"),party of the first part;and (the"Provider"),party <br /> of the second part; <br /> W ITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth,the Coun:my <br /> contracts for the services of the Provider,and the Provider agrees to provide the following servi <br /> County in accordance with the terms ofthis Agreement,time being of the essence: <br /> The services and/or materials (hex inai�er referred to collective as " to be <br /> under this Agreement are as folbws: t�v x r t T��1 rrA c� c r�lc <br /> /Wy, 12 R,--t. Aye P f-RoC rN <br /> The term of this agreement rendered shall be frown to <br /> Provider represents and agues that Provider is qualified to perform and fully capable of performing and <br /> providing the service required or necessary under the Agreement in a fiullly competeK professional and <br /> timely manner to the satisfixtion,of the County.Provider shall be responsible for of errors or omissions,in <br /> the performance of the Aged. Provider shell correct any and all errors, omissions, discrepancies, <br /> ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br /> subcontract any of the services to be provided in this Agent, nor shall Provider assign any rigout or <br /> responsibility granted or required by this Agreement without the pricer written approval of the County. <br /> SaMQW TERMS <br /> 1. Tle County agrees to pay at the rates specified for Services satisik torily <br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed , <br /> ($ ). Payment shall be made within thirty(30)days of an invoice properly submitted to County.Should <br /> Provider fail to perform its duties under the terms of this Agreement,County may,without fault or penalty, <br /> withhold any payment associated with the work to be performed until such time as said work is completed. <br /> 2. Non-waiver: Failuaee by County at any time to require the performance by Provider of any <br /> of the provisions hereof shall in no way waive or affect the Co"y's right hereunder to enforce the same,nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br /> this Noun-Waiver Clause. <br /> 3. Dent CRyk@9 : The Provider shall operate as an independent Provrderr, and the <br /> County shall not be nsponnsibe for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax,unemphoyment or <br /> workers`compensation on purposerti The Provuer uncerA ndis that neither federal,nor stair,nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> 4. Insurance: The Provider shall obtain,at its sole expense,all insurance needed to adequately <br /> insure itself during the performance of tbese services as required by the County's Risk Management Policy. <br /> 5. Indow : The Provider agrees to defend, indemnify, and hold harmless (range County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses ('including reasonable <br /> Ravind J*2010 <br />