Orange County NC Website
F <br /> hundred dollars, ($200.00). Payment shall be made within thirty(30) days of an invoice properly submitted <br /> to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without <br /> fault or penalty,withhold any payment associated with the work to be performed until such time as said work <br /> is completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of any <br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent Provider, and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may <br /> be required by Owner's Risk Manager as such insurance requirements are described in the Orange County <br /> Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at htttp://oran e� countync.gov/purchasing/contracts.asp). <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall be designated here �\\ s (if no additional insurance required mark N/A as being not applicable). <br /> Provider shall not commence work until such insurance is in effect and certification thereof has been <br /> received by the Owner's Risk Manager. <br /> 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County <br /> from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br /> part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in <br /> this Agreement. <br /> 6. Termination: This Agreement may be terminated at any time by mutual written agreement 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 of its <br /> terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between <br /> the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br /> by telefacsimile signature. <br /> 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County,North Carolina. <br /> 9. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county <br /> may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply <br /> with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, <br /> failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes <br /> constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is <br /> in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> Last modified 9/13 2 <br />