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2015-478-E AMS - Carolina Earthscapes, Inc. to supply, install monitor at Central Orange and Seymour Senior Centers
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2015-478-E AMS - Carolina Earthscapes, Inc. to supply, install monitor at Central Orange and Seymour Senior Centers
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Last modified
6/23/2017 2:32:40 PM
Creation date
8/28/2015 2:48:13 PM
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BOCC
Date
8/28/2015
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Manager signed
Amount
$2,536.00
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R 2015-478-E AMS - Carolina Earthscapes, Inc. - supply/ install monitor at Central Orange and Seymour Senior Centers
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2015
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DocuSign Envelope ID: FEB529C0-9949-408E-BA70-88A22C3EE071 <br /> Risk Transfer Policy and Orange (.7,01.1rity Miniult.1111 Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at bLttp;.L <br /> 4ganuqp(AiIItypc.,goV a <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 commence work until such insurance is in effect and certification thereof has been received by tile <br /> Owner's Risk Manager. <br /> 5. Lnd�qinity: The Provider agrees to defend, indeninify, and hold harmless Orange County <br /> from all losses, liabilities, clairns, dernands, 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. <br /> 6. Ten-ninati n: ']'his Agreement may be terminated at any time by mutual written agreement of <br /> the parties or by the County upon,written notice to tile Provider. <br /> 7. E tire clue it and <br /> ......4—Agrg-1.......S The parties have read this Agreement and agree to be <br /> bound by all of its terms, and further agree that it constitutes tile 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 coitiply with Article I I A and Article 40 of <br /> North Carolina General Statute Chapter 66. <br /> 8. Pori t: : In determining tile 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 terms of this Agreement. <br /> 9. Governing I,aw: Both parties agree,that this Agreement shall be governed by the laws of tile <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 /> 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-discrinnination laws. <br /> 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision of or the performance or non-perforniance of, this Agreement shall be brought HI <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. Binding <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, Nonce rq4)riation. Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability Of public funding under the authority of its statutory <br /> mandate. In tile 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 /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 10/14 2 <br />
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