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Contract#68-2012 <br /> CNC/Access,Inc.d/b/a ResCare HomeCare <br /> (c) Owned by Contractor's employees and The contractor will maintain Insurance requirements if <br /> used in performance of this contract("non- required as noted under Article 7 Rule R2-36 of the North <br /> owned vehicle insurance"). Non-owned Carolina Utilities Commission. <br /> vehicle insurance protects employers when <br /> employees use their personal vehicles for <br /> work purposes. Non-owned vehicle Default and Termination <br /> insurance supplements, but does not <br /> replace,the car-owner's liability insurance. Termination Without Cause: The County may terminate <br /> this contract without cause by giving 30 days written <br /> The Contractor is not required to provide and maintain notice to the Contractor. <br /> automobile liability insurance on any vehicle—owned, <br /> hired,or non-owned--unless the vehicle is used in the Termination for Cause: If, through any cause, the <br /> performance of this contract. Contractor shall fail to fulfill its obligations under this <br /> (d) The insurance coverage minimums specified in contract in a timely and proper manner,the County shall <br /> subparagraph(a)are exclusive of defense costs. have the right to terminate this contract by giving written <br /> (e) The Contractor understands and agrees that the notice to the Contractor and specifying the effective date <br /> insurance coverage minimums specified in thereof. In that event,all finished or unfinished deliverable <br /> subparagraph (a) are not limits, or caps, on the items prepared by the Contractor under this contract shall, <br /> Contractor's liability or obligations under this contract. at the option of the County, become its property and the <br /> (f) The Contractor may obtain a waiver of any one or more Contractor shall be entitled to receive just and equitable <br /> of the requirements in subparagraph (a) by compensation for any satisfactory work completed on such <br /> demonstrating that it has insurance that provides materials,minus any payment or compensation previously <br /> protection that is equal to or greater than the coverage made. Notwithstanding the foregoing provision, the <br /> and limits specified in subparagraph(a). The County Contractor shall not be relieved of liability to the County <br /> shall be the sole judge of whether such a waiver for damages sustained by the County by virtue of the <br /> should be granted. Contractor's breach of this agreement,and the County may <br /> (g) The Contractor may obtain a waiver of any one or more withhold any payment due the Contractor for the purpose <br /> of the requirements in paragraph(a)by demonstrating of setoff until such time as the exact amount of damages <br /> that it is self-insured and that its self-insurance due the County from such breach can be determined. In <br /> provides protection that is equal to or greater than the case of default by the Contractor, without limiting any <br /> coverage and limits specified in subparagraph(a). The other remedies for breach available to it,the County may <br /> County shall be the sole judge of whether such a procure the contract services from other sources and hold <br /> waiver should be granted. the Contractor responsible for any excess cost occasioned <br /> (h) Providing and maintaining the types and amounts of thereby. The filing of a petition for bankruptcy by the <br /> insurance or self-insurance specified in this paragraph Contractor shall be an act of default under this contract. <br /> is a material obligation of the Contractor and is of the <br /> essence of this contract. Waiver of Default: Waiver by the County of any default <br /> (i) The Contractor shall only obtain insurance from or breach in compliance with the terms of this contract by <br /> companies that are authorized to provide such the Provider shall not be deemed a waiver of any <br /> coverage and that are authorized by the Commissioner subsequent default or breach and shall not be construed to <br /> of Insurance to do business in the State of North be modification of the terms of this contract unless stated <br /> Carolina.All such insurance shall meet all laws of the to be such in writing, signed by an authorized <br /> State of North Carolina. representative of the County and the Contractor and <br /> 0) The Contractor shall comply at all times with all lawful attached to the contract. <br /> terms and conditions of its insurance policies and all <br /> lawful requirements of its insurer. Availability of Funds: The parties to this contract agree <br /> (k) The Contractor shall require its subcontractors to and understand that the payment of the sums specified in <br /> comply with the requirements of this paragraph. this contract is dependent and contingent upon and subject <br /> (1) The Contractor shall demonstrate its compliance with to the appropriation, allocation, and availability of funds <br /> the requirements of this paragraph by submitting for this purpose to the County. <br /> certificates of insurance to the County before the <br /> Contractor begins work under this contract. Force Majeure: Neither party shall be deemed to be in <br /> default of its obligations hereunder if and so long as it is <br /> Transportation of Clients by Contractor: prevented from performing such obligations by any act of <br /> General Terms and Conditions-3-28-2013 Page 2 of 5 <br />