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If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall be designated here professional liability insurance (if no additional insurance required mark N/A as <br /> being not applicable). Provider shall not commence work until such insurance is in effect and certification <br /> 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 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 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 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 parry 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. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county <br /> may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply <br /> with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, <br /> failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes <br /> constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is <br /> 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, 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 /> [SIGNATURE PAGE TO FOLLOW] <br /> Last modified 9/13 2 <br />