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5. The Provider agrees to defend, indemnify, and hold burnn|cmo Orange County <br /> from all losses, liabilities, claims, demands, suits, ousts, 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 oY the Provider. <br /> Ui Termination: This Agreement may be terminated at any time by mutual written agreement of <br /> the parties wchv the County upon written notice to the Provider. <br /> 7( Entire Agreement: The parties have read this Agreement and agree to he bound by all of its <br /> terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between <br /> the parties unless and until modified in writing and signed hy the parties. Modifications may brevidenced <br /> bvtclefacmiuilesignature. <br /> 8. 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 ofthis <br /> Agreement such litigation abuU be initiated in the General 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 io huood 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 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 <br /> asof the day firm written above. <br /> ORAN PROVIDER <br /> By: By: <br /> Coun� Title: - '- <br /> 20VQ. Cameron St. BuckoDeoi n{}nouo <br /> P.O. Box 8l8l 3305-109 Durham Dr. <br /> Hillsborough,NC 27278 Raleigh,NC 27603 <br /> This instrument has been approved uuto technical content, <br /> Jef(T&6p�on, Department Director <br /> This instrument has been pre-audited io the manner required hv the Local Government Budget and Fiscal <br /> Control Act. <br /> e&44� A /,A� <br /> Office of the Finance Director <br /> approved This instrument has been as to form and legal sufficiency. <br /> Revised July 2O|O ? <br /> _ <br />