Orange County NC Website
Browse       Search
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 Count.\ <br /> from all loss, liability, claims or expense, including attorney's fees, arising out of or <br /> related to the Project and arising from bodily injury including death or property dami,r;,c <br /> to any person or persons caused in whole or in part by the negligence or misconduct I,f <br /> the Provider except to the extent same are caused by the negligence or will 1 U I <br /> misconduct of the County. It is the intent of this provision to require the Provider it) <br /> indemnify the County to the fullest extent permitted under North Carolina law. <br /> 9. Amendments to the Agreement <br /> a. Changes in Basic Services. Changes in the Basic Services and entitlement to additio na I <br /> compensation or a change in duration of this Agreement shall be made by a wri t t c r i <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- ;c <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 notic c.• to <br /> the Provider. <br /> b. Other Termination. The Provider may terminate this Agreement based upon the Count's <br /> material breach of this Agreement; provided, the County has not taken all reasonable <br /> actions to remedy the breach. The Provider shall give the County seven (7) days' pricer <br /> written notice of its intent to terminate this Agreement for cause. <br /> c. Compensation After Termination. <br /> i) In the event of termination, the Provider shall be paid that portion of the fees ,anal <br /> expenses that it has earned to the date of termination, less any costs or expenses <br /> incurred or anticipated to be incurred by the County due to errors or omission, of <br /> the Provider. <br /> ii) Should this Agreement be terminated, the Provider shall deliver to the Count\ <br /> within seven (7) days, at no additional cost, all deliverables including .any <br /> electronic data or files relating to the Project. <br /> d. Waiver. The payment of any sums by the County under this Agreement or the failure., cif <br /> the County to require compliance by the Provider with any provisions of this Agreen'ern t <br /> or the waiver by the County of any breach of this Agreement shall not constitute a <br /> waiver of any claim for damages by the County for any breach of this Agreement or ;i <br /> waiver of any other required compliance with this Agreement. <br /> Revised 9/13 <br /> 4 <br />