2014-349 DEAPR - U.S. Tae Kwon Do Center, Inc. for tae kwon do instruction $5,016

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be required by Owner's Risk Manager as such insurance requirements are described in the Orange Coui t% Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each documci t i, incorporated herein by reference and may be viewed at http://orangecouniync.gov/purchasing/coiitracts.,i;1)t If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received b� the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange CG,�unt\ from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reason;,hle attorney's fees) arising from bodily injury, including death, to any person or persons or damage t(, 01, destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all (& i t, terms, and further agree that it constitutes the complete and exclusive statement of the Agreement bev, een the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any document, he referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws c t t he State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms ol'thi, Agreement such litigation shall be initiated in the General Court of Justice of North Carolina sealed in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable I. ,-al. state, and federal laws, rules, and regulations including but not limited to all anti-discrimination la\\,. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirement; A' Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider', breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance \�ith Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its stai.wor" mandate. In the event that public funds are unavailable and not appropriated for the performance of Count', obligations under this Agreement, then this Agreement shall automatically expire without penalty to Countv immediately upon written notice to Provider of the unavailability and non-appropriation of public funds [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2