Orange County NC Website
DocuSign Envelope ID: 7C5A24F8-7879-4B7F-8FDB-6AC2EBOCF174 <br /> Risk 1"'ransfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at h t p r gpyprchasin� rrtt ucrty a �nt ,tc <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall consist of: (if no additional insurance required mark N/A as being not applicable). Provider shall <br /> not cornrnence work until such insurance is in effect and certification thereof has been received by the <br /> Owner's 1�isk Manager. <br /> 5. 1'rid_grrrpnity: 1"Ire Provider agrees to defend, indemnify, and held harmless Orange County <br /> from all lasses, liabilities, claims, demands, suits, costs, darnages or expenses (including reasonable <br /> attorney's fees) arising frorn beadily 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 can the <br /> part of the Provider. <br /> 66 Termination: This Agreement pray be terminated at any tirne by mutual written agreement of <br /> the parties or by the County upon written notice to the Provider. <br /> 7. Entire Agreement armed i ng atures: 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. This <br /> Agreement together with 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 666. <br /> 8. Priority: In determining the basic services to be provided, should any documents be <br /> referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the <br /> terms of referenced documents and the terns of this Agreement. <br /> 9. Governing I aW.'.m..Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Grange 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. Dii)utc Resolutions Any and all suits or actions to enforce,, interpret, or seek damages with <br /> respect to any provision o17 or the performance or non-performance of„ this Agreement shall be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the <br /> parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Minding <br /> arbitration may not be initiated by either party, however, the Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing of such suit or action. <br /> 11,. Notes Anrarc2pri�t ran: Provider acknowledges that County is a governmental entity, and the <br /> validity ofthis Agreement is biased upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public hinds are unavailable and not appropriated for•the performance of County's <br /> obligations under this Agreement., then this Agreement shall aartornatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and tron-appropriation of public funds, <br /> [SIGNATURE PAGE '[ I FOLLOW] <br /> Revised 10/14 <br />