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' ^ <br /> ' m <br /> 5. The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, |bzhi|Uiem, claims, demands, suits, costs, damages or expenses reasonable <br /> attorney's fees) arising from bodily 'injury, including deathmanypersouorpersoomor 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 ufthe Provider. <br /> {i Termination: This Agreement may be terminated mt 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 ofits <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 by the parties. Modifications may he evidenced <br /> hv1cicfauobni6osignature. <br /> 8. 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 Utieo1ou shall be initiated in the General Court of Justice ofNorth Carolina seated in <br /> Orange County,North Carolina. <br /> 9( Non Appropriation: Provider uokomvvledgca that County is u governmental mzddv, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. lu the event that public funds are unavailable and not appropriated D» the performance ofCounty's <br /> ohUQu1immm under this Agreement, then this Agcecnocn1 obaU uutonou1icu||v expire p/i1bou1 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 /> uewf the day first written above. <br /> ORANGE PROVIDER Charles House Association <br /> P.O.By: W UJIA By: _zA <br /> CoVty Manag& P' Title: <br /> 200 S. Cameron Box 8181 \ lO9}{iUcmcotAvenue <br /> Hillsborough,NC 27270 [ardborn,NC 275l0 <br /> This instrument has been approved uoto technical content. <br /> 11-A& <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> A 4U41 <br /> Office of the Finance Director <br /> This as been approved as to form and legal sufficiency. <br /> I%—&I�� .- <br /> Revised July 2010 2 <br />