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000uSign Envelope ID: oor1onoo-3eo1-^oAD-eEneouroenernonF <br /> Risk Transfer Policy and Orange County Minimum lnoorouoo Coverage Requirements (000b document is <br /> incorporated herein bv reference and may bo viewed at . <br /> If Owner's Risk Manager dotooninoo additional inoorouoo coverage is required such additional inoorouoo <br /> oboD consist of N/A (if no additional inoorouoo required nnodk N/A as being not applicable). Provider shall <br /> not commence work until such insurance is in effect and oodiGoodon thereof has been received by the <br /> Owner's Risk Manager. <br /> 5. Indemnit : 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 dmnogo 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. <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 podioo have rood this Agreement and agree to be <br /> bound bv all of its terms, and further agree that h constitutes the complete and exclusive statement ofthe <br /> Agreement between the ponioo onl000 and until modified in vrddng 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 ofthe 9onioo to comply with Article ||A and Article 40 of <br /> North Carolina General Statute Chapter 66. <br /> 8. Priori : In determining the basic oorvi000 to be provided, should any documents be <br /> referenced in or attached to this Agreement, the toono herein shall have priority in any conflict between the <br /> terms of referenced documents and the terms of this Agreement. <br /> 9\ Both parties agree that this Agreement shall bo governed bvthe laws of the <br /> State of North Carolina. Should either party initiate litigation tosettle any dispute involving the terms ofthis <br /> Agreement such litigation oboD be initiated in the {]ononU Coon of Joodoo of North Carolina 0001od 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 o[ or the podbononoo or non-performance o[ this Agreement shall be brought in <br /> the {]onorol Court ofJustice of North Carolina sitting in Orange County, North Carolina. It is agreed bvthe <br /> podioo that no other 000d shall have jurisdiction or venue with respect to such suits or actions. Binding <br /> arbitration may not bo initiated by either Party, however, the 9onioo may agree to nonbinding mediation of <br /> any dispute prior hu the bringing of such suit oraction. <br /> |i Non Appropriation: Provider acknowledges that County is ogovonunontol entity, and the <br /> validity of this Agreement io based upon the availability of public funding under the ooUhod[y 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 of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 10/14 <br />