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incorporated herein by reference and may be viewed at httg://oraneecountvnc.gov/ ug rcha:;inc/contracts.asl2 <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall be designated here n/a(if no additional insurance required mark N/A as being not applicable). Provider <br /> shall not commence work until such insurance is in effect and certification thereof has been received by the <br /> Owner's Risk Manager. <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 the <br /> part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in <br /> this Agreement. <br /> 6. Termination: This Agreement may be terminated at any time by mutual written <br /> agreement of the parties or by the County upon written notice to the Provider. <br /> 7. Entire Ag1 ee meet: The parties have read this Agreement and agree to be bound by <br /> all of its 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 aw: Both parties agree that this Agreement shall be governed by the <br /> laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the <br /> terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina <br /> seated in Orange County,North Carolina. <br /> 9. E-VerfX: ursuant to the terms of North Carolina General Statute 153A449(b)no <br /> county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors <br /> comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where <br /> applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General <br /> Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms <br /> Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> 10. Non AWropriatign: Provider acknowledges that County is a governmental entity, <br /> and the 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 tha performance of <br /> County's obligations under this Agreement, then this Agreement shall automatically expire-without penalty <br /> to County immediately upon written notice to Provider of the unavailability and non-appropriation of public <br /> funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Last modified 9/13 <br />