2015-454-E AMS - Intellicom, Inc. for DSS expansion upfit $9,280

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DocuSign Envelope ID:857F34A8-1AB5-4307-B533-32F8EA1758FC Disk Transfer Policy and Orange County Minirnturn Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at littp-//cara tgpegullt��c.. pvlplrrcl Asin��a�c�p�tr tcts,,a p). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance: is in effect and certification thereof has been received by the Owner's Risk Manager, a. Indemnity: Tire Provider agrees to defend, indemnity, and (told harmless Change County from all losses, liabilities, claims, demands, suits, casts, damages or expenses (including reasonable attorney's fires) arising from bodily injury, including death, to any person or persons or damage to or destruction of"any property caused in whole or in part by any negligent or intentional act or omission oil the part of tile, Provider. Ems. Teruninatiow 'this Agreement may[)e terminated at :my time by mutual written agreement of tlue parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties;. I"his Agreement together with any amendments or modifications pray be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article l f A and Article 40 of North Carolina General Statute Chapter 66.. & Pr ority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement,tite terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law Both parties agree that this Agreement shall be governed by the laws of the Mate of North Carolina. Should either party initiate litigation to settle any dispute involving the terrns of this Agreement strclt litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state,and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. 10. Dvisplit Kesohttiun: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of this Agreement shall be brought in the General Court of Justice of North Carolina sitting, in Orange County, North. Carolina. It is agreed by the parties that no other court shall have.jurisdiction or venue with respect to Snell suits, or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing,of such suit or action. 1.1. Non A�aprct air�,gtion: Provider acknowledges that County is a governmental entity, and the validity of (his Agreement is based upon tile-availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty, to County irnurrediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PACE TO P"OLLCf4'Ir'] Revised M14 2