Orange County NC Website
Browse       Search
incorporated herein by reference and may be viewed at http://oran,ecountync.g_ov/purchasing/contracts.�i, ,i <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insure roc <br /> shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider Ir ll <br /> not commence work until such insurance is in effect and certification thereof has been received b• dic <br /> Owner's Risk Manager. <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange Cou,il� <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reason�thlc <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage io oi <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on d c <br /> part of the Provider. <br /> 6. Termination: This Agreement may be terminated at any time by mutual written agreemet,t 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 o I i t <br /> terms, and further agree that it constitutes the complete and exclusive statement of the Agreement betm c,.-ii <br /> the parties unless and until modified in writing and signed by the parties. Modifications may be evider,oed <br /> by telefacsimile signature. <br /> 8. Priori 1y: In determining the basic services to be provided, should any documents he <br /> referenced in this Agreement, the terms herein shall have priority in any conflict between the term, ,I <br /> referenced documents and the terms of this Agreement. <br /> 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws ct the <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of t I; <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated n <br /> Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local. <br /> state, and federal laws, rules, and regulations including but not limited to all anti-discrimination <br /> Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a corm,t.t <br /> with a contractor unless the contractor and the contractor's subcontractors comply with the requirement, ,I <br /> Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to mainui, i <br /> compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Proviacr <br /> breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance ,\It 1i <br /> 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 statt.rt(�r� <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of Count"', <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to Cotuit\ <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 9/13 2 <br />