Orange County NC Website
DocuSign Envelope ID: CC7AA41D-A9E0-426D-83B5-2F2868BF28E5 <br />ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br />sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br /> <br />SPECIFIC TERMS <br /> <br />1. <br /> <br />Payment: TheCounty agrees to pay at the rates specified for Services satisfactorily <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed five <br />hundred dollars, ($500.00). Payment shall be made within thirty (30) days of an invoice properly submitted <br />to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without <br />fault or penalty, withhold any payment associated with the work to be performed until such time as said work <br />is completed. <br /> <br />2. <br />Nonwaiver: Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br />shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br />this Non-Waiver Clause. <br /> <br />3. <br />Independent Contractor: The Provider shall operate as an independent contractor, and the <br />County <br />as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br />workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br />any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> <br />4. <br />Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br /> 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://orangecountync.gov/purchasing/contracts.asp). <br />mines additional insurance coverage is required such additional insurance <br />shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). <br />Provider shall not commence work until such insurance is in effect and certification thereof has been <br />received by the Owner's Risk Manager. <br /> <br />5. <br />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 the <br />part of the Provider in carrying out <br />this Agreement. <br /> <br />6. <br />Termination: This Agreement may be terminated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider. <br /> <br />7. <br />Entire Agreement and Signatures: 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 parties. Modifications <br />may be evidenced by telefacsimile signature. This Agreement together with any amendments or <br />modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of <br />the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> <br />Revised 10/14 <br />2 <br /> <br /> <br /> <br />