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' ^ <br /> - <br /> . . <br /> 5. The Provider agrees N defend, iudemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, units, coots, damages or expenses (including reasonable <br /> attorney's b:ey\ odmiug 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. <br /> 0` Termination: This Agreement may be terminated at any time by mutual written agreement of <br /> the parties orby the County upon written notice iothe Provider. <br /> 7. Entire Agreement: The parties have read this Agreement and agree iobo bound by all ufits <br /> terms, and further agree that it constitutes the complete and exclusive stutcoo:u/ of the Agreement between <br /> the parties unless and until modified in writing and signed hy the parties. Modifications may beevidenced <br /> hytulcfacsiodlesignature. <br /> 8. Both parties agree that this Agreement shall bc governed by the laws ofthe <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms nfthis <br /> Agreement such bdgnboo mbuJl he initiated in the {}cocrol Court of Justice of North Carolina seated in <br /> Orange County,North Carolina. <br /> 9. Non Appropriation: Provider acknowledges that County is u 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. luthe event that public funds are unavailable and not appropriated for the performance ofCounty's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty tu County <br /> immediately upon written notice 0o Provider of the unavailability and non-appropriation nfpublicfnnda. <br /> IN WITNESS WHEREOF,�Orange County and the Provider have signed this Agreement,effective <br /> umnf the day first written above. <br /> ORANGE C UN PROVIDER <br /> By: <br /> � ==� <br /> ' mo 4�cr Title: ^u�^t,~^ ' <br /> 200 8. Cn nSL Pno(]uem Ll�� `^ / <br /> 9.O. ]�oxOl8V 7x9B. Eisenhower Parkway <br /> Hillsborough,NC 27278 Ann Arbor,&Yl48100 <br /> ;This content. <br /> me i <br /> ucinda Munge/, Depart 7 rector <br /> This instrument has bno4ru-oudbed in the manner required hy the Local Government Budget and Fiscal <br /> Control Act. <br /> Office of the Finance Director <br /> This cnand legal sufficiency. <br /> Revised July zo/o <br />