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4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately <br /> insure itself during the performance of these services as required by the County's Risk Management Policy. <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from <br /> all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) <br /> arising from bodily injury, including death,to any person or persons or damage to or destruction of any property <br /> caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. <br /> 6. 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 parties have read this Agreement and agree to be bound by all of its <br /> terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the <br /> parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by <br /> telefacsimile signature. <br /> 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party initiate 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 in Orange <br /> 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 fluids 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 funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as <br /> of the day first written above. <br /> ORANG71iTY PROVI DR <br /> By: By:7 1� 14---> <br /> County Manager Title: le <br /> 200 S. Cameron St. 111 VC— rt 6 hu on Street <br /> � <br /> P.O. Box 8181 Hills orouggh,NC 27278 <br /> Hillsborough,NC 27278 <br /> This instrumeRt has been approved as to technical content. <br /> Nicole Clark,D artment Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> Office of the Finance Director <br /> T approved as to form and legal sufficiency. <br /> —Office of the County Attorney <br /> Revised July 2010 2 <br />