Orange County NC Website
DocuSign Envelope ID:9E3CE39C-9718-464A-9FEA-98DAC149068D <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 http.//orarl ,,ec�ojjrityij L�ov/)u�rclqasin ntracts...asp). <br /> ............g/go <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall <br /> not commence work until such insurance is in effect and certification thereof has been received by the <br /> 0\vner'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 tile <br /> part of the Provider. <br /> 6. Termination: This Agreement may be terminated at any tirne by mutual written agreement of <br /> the parties or by the County upon written notice to the Provider. <br /> 7, Entire Agreement and Signatures: The par-ties have read this Agreement and agree to be <br /> bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br /> Agreement between the parties unless and until modified in writing and signed by the parties, This <br /> Agreement together with any amendments or modifications may be executed electronically. All electronic <br /> signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of <br /> North Carolina General Statute Chapter 6,6. <br /> 8. Priority: In deten-nining the basic services to be provided, should any documents be <br /> referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between, the <br /> terms of referenced documents and the terms of this Agreement. <br /> 9, Governing Law: Both paarties 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 tile 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, Provider shall at all times remain in compliance with all applicable local, <br /> state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. <br /> 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision ol, or the performance or non-perforniance of., this Agreement shall be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina, It is agreed by the <br /> parties that no other Court shall have jurisdiction or venue with respect to such Suits or actions. Binding <br /> arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing Of Such suit or action, <br /> 11. Non Avorooriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding Linder the authority of its statutory <br /> mandate, In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> ISIGNA17URE PAGE TO FOLLOW] <br /> Revised WIH 2 <br />