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3. Independent Contractor: The Provider shall operate as an independent Provider, and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be <br /> treated as an employee with respect to the Services performed hereunder for federal or state tax, <br /> unemployment or workers' compensation purposes. The Provider understands that neither federal, nor <br /> state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the <br /> employees of the Provider. <br /> 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately <br /> insure itself during the performance of these services as required by the County's Risk Management <br /> Policy. <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, 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 of any property caused in whole or in part by any negligent or intentional act or omission on <br /> the part of the Provider. <br /> 6. Termination: This Agreement may be terminated at 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 of its <br /> terms, and further agree that it constitutes the complete and exclusive statement of the Agreement <br /> between the parties unless and until modified in writing and signed by the parties. Modifications may be <br /> evidenced by telefacsimile signature. <br /> 8. Governing Law: 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 of <br /> this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated <br /> in Orange County,North Carolina. <br /> 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its <br /> statutory mandate. In the event that public funds are unavailable and not appropriated for the performance <br /> of County's obligations under this Agreement, then this Agreement shall automatically expire without <br /> penalty to County immediately upon written notice to Provider of the unavailability and <br /> non-appropriation of public funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, <br /> effective as of the day first written above. <br /> ORAN C N PROUDER <br /> w q <br /> By: By: <br /> ounty a g Titl*0' eil tmaf <br /> 200 S. Cameron St. Elai <br /> P.O. Box 8181 Goodnight Carolina publishing partner. <br /> Hillsborough,NC 27278 need address <br /> This instrument has been approved as to technical content. <br />