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and Federal statutes, rules and regulations which are applicable to <br />provisions of the services called for herein. Neither Agency nor any <br />employee of the Agency shall be deemed an officer, employee or agent of <br />the County. <br />6.10 Agency shall obtain, at its sole expense, all insurance as required by the <br />County's Risk Manager and shall not commence work until such <br />insurance is in effect and certification thereof has been received by the <br />County's Risk Manager. Such insurance shall name the County. as <br />Additional Insured under both General Liability and Auto Liability <br />policies. <br />6.11 Agency agrees to defend, indemnify, and hold harmless the County, for all <br />loss, liability, claims or expense (including reasonable attorney's fees)' <br />arising from bodily injury, including death or property damage, to any <br />person or persons caused in whole or in part by the negligence or <br />misconduct of the Agency, except to the extent same are caused by the <br />negligence or willful misconduct of the County. It is the intent of this <br />section to require Agency to indemnify the County to the extent permitted <br />under North Carolina law. <br />B. All other terms of the Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto intending to be mutually bound <br />hereby have caused this instrument to be duly executed by their authorized <br />representatives as of the day and year first above written. <br />ORANGE COUNTY <br />By: <br />Barry Jacobs, Chair, BOCC <br />JENN]NGS & COMPANY <br />By: <br />Roger D. Jennings, Chairman <br />This instrument has been pre-audited in the manner required by the Local Government <br />Budget and Fiscal Control Act. <br />FINANCE OFFICER <br />