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5. hndennni : The Provider agrees to defend, indemnify, and hold harmless Orange Count} <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 in carrying out Provider's duties and obligations related to the Services to be provided in <br /> this Agreement. <br /> b. Termination This Agreement may be terminated at any time by mutual written agreement of <br /> the parties or by the County upon written notice to the Provider. <br /> 7. Entire Agreement The panties have read this Agreement and agree to be bound by all of its <br /> terms, and filrther agree that it constitutes the complete and exclusive statement of the Agreement between <br /> the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br /> by telefacsimile signature. <br /> 8. Governin Law: aw: Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party satiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated ill <br /> Orange County, North Carolina. <br /> 9. Non Appropriation Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public fiords are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non- appropriation of public fiends. <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 /> By: By: _ <br /> Departrnerit Director Title: &t;; f ruG e <br /> 200 S. Cameron St. Hunter Scaggs <br /> P.O. Box 8181 Guitar Instructor <br /> Hillsborough, NC 27278 <br /> This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal. <br /> Control Act. /� <br /> it P. A-- <br /> Office of the Finance Director <br /> This ins meat leas been approved as to form and legal sufficiency. <br /> Office of the Cot ey Attorney <br /> March 2012 2 <br />