Orange County NC Website
DocuSign Envelope ID: E5CFB54D-45A2-4A52-A7A0-8998D2AA66F6 <br /> I Insurance: Provider shall obtain, at its sole expense, Corruilercial General Liability <br /> Insurance, Automobile insurance, Workers' Compensation 111SUrance, and any additional insurance as may <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 MillifuLlin Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at htV//Qrajjge ). <br /> L��q a_& ..........� p <br /> If Owner's Risk Manager determines additional insurance coverage is required SUch additional insurance <br /> shall consist of nJa(if'no additional insurance required inark N/A as being not applicable), Provider shall not <br /> coirtmence work until such insurance is in effect. and certification thereofhas been received by tile Owner's <br /> Risk Manager. <br /> 5. [tide'i'i"I-P.ijy: The Provider agrees to defend, indemnify, and hold hantiless Orange County <br /> frorn all losses, liabilities, claims, demands, suits, costs, damages or expenses (ijacluding reasonable <br /> attorney's fees) arising frorn bodily injury, including death, to any person or persons or damage to or <br /> destruction of any property caused iti whole or in part by any negligent Or intentional act or omission oil the <br /> part of the Provider. <br /> 6. 'Termination. ]'his Agreement may be terminated at any tinie by mutual written agreement of <br /> the parties or by the COUTIty Upon written notice to the Provider. <br /> 7, Entire A-grqgrnent and Sienatures: The parties 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 pat-ties. This <br /> Agreement together Nvith 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 66. <br /> 8. P io : In determining the basic services to be provided, should any documents be <br /> f...........dty <br /> referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between tile <br /> terms of referenced documents and the terms of this Agreement, <br /> 9. Governing Law: Both parties agree that this Agreement shall be governed by tile laws of tile <br /> State of North Carolina. Should either party initiate litigation to settle any diSpUte involving the terms of this <br /> Agreernent such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County, North C arolina, Provider shall at all times remain in compliance with all applicable local, <br /> state, and federal laws, rules, and regulations iricluding but not limited to all anti-discrimination laws. <br /> 10, D ,S12 arc Res)t tion: Any and all Suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision of, or the perfortnance or non-perforniance of, this Agreement shall be brought in <br /> the General C,01.11-t Of Justice of North Carolina sitting, in Orange County, North Carolina., It is agreed by tile <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 tile bringing Of Such suit Or action. <br /> 11. No _ApprolKiation: Provider acknowledges that County is a governmental entity, and the <br /> .............—- <br /> validity of this Agreement is based upon (lie availability of public funding under the authority of its statutory <br /> mandate. ]it the event that public funds are Unavailable and not appropriated for the performance of County's <br /> obligations tinder this Agreement, then this Agreement shall automatically expire without penalty to County, <br /> immediately upon written notice to Provider ofthe unavailability and non-appropriation of public funds. <br /> ISIGNATTIZE PAGE 'rO FOLLOW] <br /> Rcvi,wd 10/14 2 <br />