2015-128-E AMS - Tile Restoration, Inc. for flooring restoration at 302 W. Tryon St., Central Rec & Parks Center (per proposal) $6,125

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DocuSign Envelope ID: D0190336-4C5C-477F-8902-D25F819470B6 4� Insurance: Provider shall obtain,, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner',s Risk Manager as such insurance rccl it irem c tits are described in the Orange County Risk Transfer Policy and Orange County Minnnurn Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at W I i1qgov/ hasino/contract� I _..= - '' s Y ._!�... ................=.� If Owner's Risk Manager determines additi onal 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 continence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 51. Indemnity: 'rh,e Provider agrees to defend, indernnify, and ]told harmless Orange County from all losses, liabilities, claims, deniands, Suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of tile Provider. 6. Terrnination: This Agreement may be terminated at any time by mutual written agreernent of' the pat-ties or by the COWItY upon written notice to the Provider. 7. "En'I i'r"e A"gr ingtit j!,]L(t `3 The parties have read this Agreement arid agree to be bound by all of its terms, and further agree that it constitutes the complete arid exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically, All electronic signatures affixed hereto evidence the intent of tile Parties to comply with Article I IA and Article 40 of' North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, Should arty documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between tile terms of'referenced documents and the terms of this Agreement. 9. Governing LaYK:---Both parties agree that this Agreement shall be governed by tile laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court. of Justice of' North Carolina seated ill Orange County, North Carolina. Provider shall at, all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but riot limited to all anti-discrimination laws. -1 0... Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or tile performance or non-performance of, this Agreement shall be brought in the General Court Of Justice of'North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of'such suit or action. 11. Mon A))�ropriation: Provider acknowledges that County is a govorrintental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and riot appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds, ISIGNATURE PAGE TO FOLLOW] Revised 10/14 2