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•' a <br /> Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:// <br /> oranL-ecog=nc.2gy/4urchasing/contracts ash). If Owner's Risk Manager determines additional insurance <br /> coverage is required such additional insurance shall consist of la (if no additional insurance required <br /> mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and <br /> certification thereof has been received by the 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. <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 Agreement: 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. Priori : In determining the basic services to be provided, should any documents <br /> be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of <br /> referenced documents and the terms of this Agreement. <br /> 9. Governing Law: Both parties agree that this Agreement <br /> shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle <br /> any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of <br /> Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in <br /> compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited <br /> to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(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 Appropriation: 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 the 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 /> Revised 9/13 <br />