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5. The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from u|-1usoeao, claims, demands, suits, costs, 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 o f any in whole or in part hv 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 ocbv the County upon written notice to the Provider. <br /> 7, Entire Agreement: The pudinm have read this Agreement and agree to he bound by all of its <br /> tenuu" 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 be evidenced <br /> hvtc|cfaosinuilc signature, <br /> 8. Both parties agree that this Agreement shall be governed bv the laws ufthe <br /> State of North CucoUou. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation mbu8 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 agovecnuzeotu| entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the 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 10 Provider of the unavailability and non-appropriation ofpubDufbodm. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective <br /> usof the day first written above. <br /> ORANGE NT R0�00� <br /> By: 7ml By: <br /> County Manag Title: <br /> 200 S. Cameron Laura Casey <br /> P.O. Box 8l0i / Creative Art Camp Instruction <br /> Hillsborough,NC 27278 <br /> This technical content, <br /> d4lzqA(� <br /> David Staoud, Department Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> AA <br /> Office uf the Finance Director <br /> This instrument h been wd as 1n form and legal sufficiency. <br /> OffijW_�f the County Attorney <br /> Revised July m/n 2 <br />