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4. Insurance: Provider, an agency of the State of North Carolina, is responsible for its and its <br /> employees' negligence as provided under North Carolina law. Provider shall maintain professional liability <br /> self-insurance coverage sufficient to adequately insure itself during the performance of these services. <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) to the extent provided by North Carolina Torts Claim Act arising from bodily injury, <br /> including death, to any person or persons or damage to or destruction of any property caused in whole or in <br /> part by any negligent or intentional act or omission on 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 either party upon thirty days' written notice to the other party. <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 between <br /> the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br /> 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 this <br /> Agreement such litigation shall 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 a governmental 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 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 /> as of the day first written above. <br /> ORANG T PROVI <br /> By: I By: <br /> C unt e ugird,President,UNC Fa lty h sicians <br /> 200 S. Cameon St. Attention: Kathryn Grant-Manag d Care Dept. <br /> P.O. Box 8181 Post Office Box 168 <br /> Hillsborough,NC 27278 Chapel Hill,North Carolina 27514 <br /> This inst ment has been approved as to technical content. <br /> Colleen Bridger,Orange County r th Director <br /> This instrument has been re-audited in the manner required by the Local Government Budget and Fiscal Control Act. <br /> Clarence G. Fier,Asst. County Manager/CFO <br /> Thi 'n t s een approved as to form and legal sufficiency. <br /> Ann tte M.Mo re,Staff Aikomey <br /> Revised July 2010 2 <br />