Orange County NC Website
Browse       Search
SECTION 23 <br /> Indemnity <br /> Contractor agrees to defend, indemnify, and hold hannless County from all loss,liability, claims or <br /> expense (including reasonable attorneys' fees) arising from bodily injury, including death or <br /> property damage,to any person or persons caused in whole or in part by the negligence or willful <br /> misconduct of Contractor except to the extent same are caused by the negligence or misconduct by <br /> County. County agrees,to the extent allowed by law and to the extent of insurance policies owned <br /> by County,to defend, indemnify, and hold harmless Contractor from all loss,liability, claims or <br /> expense including death or property damage,to any person or persons caused in whole or in part by <br /> the negligence or willful misconduct of County except to the extent same are caused by the <br /> negligence or misconduct by Contractor. <br /> SECTION 24 <br /> Termination <br /> a) In the event Contractor materially defaults in the performance of any of the material covenants <br /> or agreements to be kept, done or performed by it under the terms of this Contract, County shall <br /> notify Contractor in writing of the nature of such default. Within fifteen(15)days following <br /> such notice: <br /> i. Contractor shall correct the default; or <br /> ii. In the event of a default not capable of being corrected within fifteen(15) days, Contractor <br /> shall commence correcting the default within fifteen(15)days of County's notification <br /> thereof, and thereafter correct the default with due diligence. <br /> b) If Contractor fails to correct the default as provided above, County,without further notice, shall <br /> have all of the following rights and remedies which County may exercise singly or in <br /> combination: <br /> i. The right to declare that this Agreement together with all rights granted Contractor <br /> hereunder are terminated,effective upon such date as County shall designate; <br /> ii. The right to license others to perform the services otherwise to be performed by Contractor, <br /> or to perform such services itself, and <br /> iii. In the event of a default not capable of being corrected because of damage to the Processing <br /> Center, due to force majeure, County may provide Contractor with a suitable temporary <br /> location for conducting processing and drop-off services. <br /> c) The following may be considered causes for possible termination of the contract: <br /> i. The death or injury requiring hospitalization of an individual, other than employees of the <br /> Contractor,caused by the Contractor in carrying out this recycling contract where the <br /> Contractor is at fault. <br /> ii. More than one incidence of greater than$20,000 property damage to property by the <br /> Contractor while performing the recycling contract where the Contractor is at fault. <br /> 14 <br />