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oonuSign Envelope ID: aeEeF1a3-aaEr4E10-81rE-71ones2oosAa <br /> Risk Transfer Policy and Orange County Minimum lnoorouoo Coverage Requirements (000b document is <br /> incorporated herein by reference and may bo viewed at . <br /> If Owner's Risk Manager dutunninuy additional inoorouoo coverage is required such additional inoorouoo <br /> shall be designated boro Liability lnooronoo (if no additional inoorouoo required mark N/A as being not <br /> applicable). Provider shall not commence work until such insurance is in effect and oodiGoodon thereof has <br /> been received bv the Owner's Risk Manager. <br /> 5. : The Provider ogr000 to defend, indemnify, and bold boonl000 Orange County <br /> from all losses, liabilities, oloinno, demands, suits, costs, damages or oxpon000 (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or doznogo to or <br /> destruction of any property 00000d in whole or in part by any negligent or intentional act or omission on the <br /> part of the Provider in carrying ou1Pnovidur`ydu1uyundoh|igudonyru|atudtoduBurviouytohuprovidudin <br /> this Agreement. <br /> (i : This Agreement may bo toonino1od at any time bv mutual written ogroonnont of <br /> the parties orbv the County upon written notice to the Provider. <br /> 7' Entire Agreement and Signatures: The ponioo have rood this Agreement and agree to be <br /> bound by all of its toono, and further agree that it oonodb400 the complete and exclusive statement ofthe <br /> Agreement between the podioo onl000 and until modified in writing and signed bvthe parties. Modifications <br /> may be evidenced by tolofbooinnilo signature. This Agreement together with any oznondnnonto or <br /> nnodiGoodono may be ox000tod electronically. All electronic signatures affixed hereto evidence the intent of <br /> the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. <br /> 8. Both parties agree that this Agreement shall bo governed by <br /> the lonro of the State of North Carolina. In determining the basic oond000 to be provided, should any <br /> documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict <br /> between the terms of referenced documents and the terms of this Agreement. <br /> 9. Neither party may initiate binding arbitration. Any disputes shall be <br /> resolved by nonbinding mediation. Should either party initiate litigation to ooUlo any dispute involving the <br /> toono of this Agreement such litigation shall be initiated inthe {]ononU Court ofJustice of North Carolina <br /> seated inOrange County,North Carolina. <br /> 10. Non Appropriation: Provider acknowledges that County is o governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under 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 Coon* <br /> immediately upon written notice to Provider ofthe unavailability ondnon'oppropdodon of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised ucvo 2 <br />