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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 /> 8. Indemnity <br /> a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County fi-om <br /> all loss, liability, claims or expense, including attorney's fees, arising from bodily injury <br /> including death or tangible persona 1 property damage of any person or persons <br /> caused by the negligence or willful misconduct of the Provider except to the extent swine <br /> are caused by the negligence or willful misconduct of the County or a third party. It IS <br /> the intent of this provision to require the Provider to indemnify the County from third <br /> party claims for bodily injury including death or tangible personal property <br /> damage caused by the negligence or willful misconduct of the Provider to the fullest <br /> extent permitted under North Carolina law. <br /> b. NOTWITHSTANDING ANY LANGUAGE IN THIS AGREEMENT TO THE <br /> CONTRARY AND OTHER THAN PROVIDER'S OBLIGATIONS UNDER 8.(a): <br /> (1) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY <br /> SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL <br /> DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, ANTICIPATED <br /> SAVINGS OR REVENUE; OR ANY LOSS OF OR DAMAGE TO DATA; <br /> ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES <br /> OR PRODUCTS SOLD HEREUNDER; EVEN IF A PARTY HAS KNOWLEDGE <br /> OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF <br /> WHETHER SUCH DAMAGES ARE FORSEEABLE; AND (2) IN NO CASE <br /> SHALL PROVIDER'S TOTAL CUMULATIVE LIABILITY TO COUNTY FOR <br /> ALL ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT <br /> EXCEED THE TOTAL AMOUNT PAID BY COUNTY UNDER THIS <br /> AGREEMENT. THE TERMS OF THIS SECTION 8(b) SHALL SURVIVE THE <br /> TERMINATION OR EXPIRATION OF THIS AGREEMENT. <br /> 9. Amendments to the Agreement <br /> a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional <br /> compensation or a change in duration of this Agreement shall be made by a written <br /> Amendment to this Agreement executed by the County and the Provider. The Provider <br /> shall proceed to perform the Services required by the Amendment only after receiving a <br /> fully executed Amendment from the County. <br /> 10. Termination <br /> a. Termination for Convenience of the County. This Agreement may be terminated without <br /> cause by the County and for its convenience upon seven (7) days' prior written notice to <br /> the Provider. <br /> b. Other Termination. The Provider may terminate this Agreement based upon the County's <br /> Revised 9/13 <br /> 4 <br />