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~ <br /> 5. The Provider agrees to defend indemmify, and bold harmless Orange County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br /> attorney's tecu\ udmiug from bodily injury, including death, to any person or persons or damage 0o 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. <br /> 6. : This Agreement may be terminated at any time by mutual written agreement of <br /> the parties orby the County upon written notice to the Provider. <br /> 7[ Entire Aareement: The pmfice have read this Agreement and agree to he bound by all of its <br /> terms, and further agree that d constitutes the complete and exclusive statement ufthe Agreement between <br /> the parties unless and until modified bz writing and signed bv the parties. Modifications may be evidenced <br /> 6v1eletbcmboilesignature. <br /> 8. Governing Both parties agree that this Agreement shall be governed 6v the laws ofthe <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation obaJ) be initiated io the General Court of Justice nfNorth Carolina seated in <br /> Orange County,North Carolina. <br /> 9. Non Appropriation: Provider acknowledges that County ivagovernmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. Iothe event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement ubuD 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 <br /> uoof the day first written above. <br /> ORANG TY PROVIDER <br /> Conn�y�8amugo/ Title: �$'l�4J"h�9— <br /> 2U08.<�omuenonSt. X PiaooaodCbbzal Camps Ipmtrio1oc <br /> P.[}. Box 8l8l / <br /> }{iDahnoun����(� �7278 <br /> This instrument has technical content. <br /> �w TV <br /> David Stancil,Department Director <br /> This instrument has been pre-audited iu the manner required bvthe Local Government Budget and Fiscal <br /> Control Act. <br /> ca� /Y 4�_ <br /> Office ofthe Finance Director <br /> This instWment has been ruved as to form and legal auffioirocy. <br /> 0(fi&_of the County Attorney <br /> Revised July 2010 2 <br />