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^ ~ <br /> ^ . <br /> 5. The Provider agrees todefend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, mubu costs, or expenses reasonable <br /> n1&»omey'a fees) arising from bodily injury, including deuth, to any person or persons or damage to or <br /> destruction mf any property caused in whole orin part 6v any negligent orinteutiouulaotmcoomunionoo1bn <br /> part of the Provider. <br /> 6. Termination: This Agreement may be terminated at any time 6v mutual written agreement u[ <br /> the parties orby the County upon written notice to the Provider. <br /> l Entire Ageemen : The parties have read this Agreement and agree tobebound by all ofits <br /> terms, and further agree that it constitutes the complete and exclusive statement ofthe Agreement between <br /> the parties unless and until modified in writing and signed bv the parties. Modifications may boevidenced <br /> bv*:|efacuirnUesignature. <br /> & nth parties agree that this Agreement shall be governed 6vthe laws ofthe <br /> State of North [orn|iou. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation obaU be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County,North Carolina. <br /> 9. Non Appropriatio : Provider acknowledges that County is agovernnueutal entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. lnthe event that public funds are unavailable and not appropriated for the performance oyCounty'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 /> uaof the day first written above. <br /> COUNTY <br /> ORANGE 17a;7 PROVIUVER <br /> By: -Z By: 6" "s <br /> 200 S. Cameron St. 3000 Montgomery Street <br /> P.O. Box 8l0l Durham,NC 27785 <br /> 8i|\ubovnugb,NC 27270 \/endnr#57324 <br /> This instrument has been approved ueto technical content. <br /> Ja <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> Office wf the Finance Director <br /> hi and legal uo[fioicouy. <br /> Revised July 20o <br />