Orange County NC Website
Browse       Search
Contract 968-1012 <br /> The Dispute Settlement Center,Inc. <br /> (c) Owned by Contractor's employees and The contractor will maintain Insurance requirements if <br /> used in performance of this contract("non- required as noted under Article 7 Rule R2-36 of the North <br /> owned vehicle insurance"). Non-owned Carolina Utilities Commission. <br /> vehicle insurance protects employers when <br /> employees use their personal vehicles for Default and Termination <br /> work purposes. Non-owned vehicle <br /> insurance supplements, but does not Termination Without Cause: The County may terminate <br /> replace,the car-owner's liability insurance. this contract without cause by giving 30 days written <br /> notice to the Contractor. <br /> The Contractor is not required to provide and maintain <br /> automobile liability insurance on any vehicle—owned, Termination for Cause: If, through any cause, the <br /> hired,or non-owned--unless the vehicle is used in the Contractor shall fail to fulfill its obligations under this <br /> performance of this contract. contract in a timely and proper mariner,the County shall <br /> (d) The insurance coverage minimums specified in have the right to terminate this contract by giving written <br /> subparagraph(a) are exclusive of defense costs. notice to the Contractor and specifying the effective date <br /> (e) The Contractor understands and agrees that the thereof. In that event,all finished or unfinished deliverable <br /> insurance coverage minimums specified in items prepared by the Contractor under this contract shall, <br /> subparagraph (a) are not limits, or caps, on the at the option of the County, become its property and the <br /> Contractor's liability or obligations under this contract. Contractor shall be entitled to receive just and equitable <br /> (f) The Contractor may obtain a waiver of any one or more compensation for any satisfactory work completed on such <br /> of the requirements in subparagraph (a) by materials,minus any payment or compensation previously <br /> demonstrating that it has insurance that provides made. Notwithstanding the foregoing provision, the <br /> protection that is equal to or greater than the coverage Contractor shall not be relieved of liability to the County <br /> and limits specified in subparagraph(a). The County for damages sustained by the County by virtue of the <br /> shall be the sole judge of whether such a waiver Contractor's breach of this agreement,and the County may <br /> should be granted. withhold any payment due the Contractor for the purpose <br /> (g) The Contractor may obtain a waiver of any one or more of setoff until such time as the exact amount of damages <br /> of the requirements in paragraph(a)by demonstrating due the County from such breach can be determined. In <br /> that it is self-insured and that its self-insurance case of default by the Contractor, without limiting any <br /> provides protection that is equal to or greater than the other remedies for breach available to it,the County may <br /> coverage and limits specified in subparagraph(a). The procure the contract services from other sources and hold <br /> County shall be the sole judge of whether such a the Contractor responsible for any excess cost occasioned <br /> waiver should be granted. thereby. The filing of a petition for bankruptcy by the <br /> (h) Providing and maintaining the types and amounts of Contractor shall be an act of default under this contract. <br /> insurance or self-insurance specified in this paragraph <br /> is a material obligation of the Contractor and is of the Waiver of Default: Waiver by the County of any default <br /> essence of this contract. or breach in compliance with the terms of this contract by <br /> (i) The Contractor shall only obtain insurance from the Provider shall not be deemed a waiver of any <br /> companies that are authorized to provide such subsequent default or breach and shall not be construed to <br /> coverage and that are authorized by the Commissioner be modification of the terms of this contract unless stated <br /> of Insurance to do business in the State of North to be such in writing, signed by an authorized <br /> Carolina.All such insurance shall meet all laws of the representative of the County and the Contractor and <br /> State of North Carolina. attached to the contract. <br /> 0) The Contractor shall comply at all times with all lawful <br /> terms and conditions of its insurance policies and all Availability of Funds: The parties to this contract agree <br /> lawful requirements of its insurer. and understand that the payment of the sums specified in <br /> (k) The Contractor shall require its subcontractors to this contract is dependent and contingent upon and subject <br /> comply with the requirements of this paragraph. to the appropriation, allocation, and availability of funds <br /> (1) The Contractor shall demonstrate its compliance with for this purpose to the County. <br /> the requirements of this paragraph by submitting <br /> certificates of insurance to the County before the Force Majeure: Neither party shall be deemed to be in <br /> Contractor begins work under this contract. default of its obligations hereunder if and so long as it is <br /> prevented from performing such obligations by any act of <br /> Transportation of Clients by Contractor: war,hostile foreign action,nuclear explosion,riot,strikes, <br /> General Terms and Conditions—(07/14) Page 2 of 5 <br />