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000uSign Envelope ID:uE1nnrrn-7nn5-4e4E'ooAr-4ronssoFo4os <br /> be required by Owner's Risk Manager as such insurance requirements are described inthe Orange County <br /> Risk Transfer Policy and Orange County Minimum lnooronoo Coverage Requirements (000b document is <br /> incorporated herein bv reference and may bo viewed o1 . <br /> If Owner's Risk Manager dotooninoo additional insurance coverage is required such additional inoorouoo <br /> shall consist of (if no additional insurance required nnodk N/A oo being not oppliooblo). Provider shall <br /> not commence work until such insurance is in effect and oodiGoodon thereof has been received by the <br /> Owner's Risk Manager. <br /> 5. : The Provider ogr000 to defend, indemnify, and bold borml000 Orange County <br /> from all losses, liabilities, oloinno, demands, suits, costs, doznogoo or oxpon000 (including reasonable <br /> o1hurnoy'o 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 ofthe Provider. <br /> (i Termination: This Agreement may bo toonino1od at any time bv mutual written ogroonnont of <br /> the parties orbv the County upon written notice to the Provider. <br /> 7' Entire Agreement and Signatures: The podioo have rood this Agreement and agree to be <br /> bound bv all of its terms, and further agree that h constitutes the complete and exclusive statement ofthe <br /> Agreement between the ponioo onl000 and until modified in vrddng and signed by the parties. This <br /> Agreement together with any amendments or modifications may be ox000tod electronically. All electronic <br /> signatures affixed hereto evidence the intent of the 9onioo to comply with Article ||A and Article 40 of <br /> North Carolina General Stobdo Chapter 66. <br /> 8. Priorit : In determining the basic oorvi000 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 Both parties agree that this Agreement shall bo governed bv the laws ofthe <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation oboD be initiated in the {]ononU Coon of Justice of North Carolina 0001od in <br /> Orange County, North Carolina. Provider shall o1 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. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision o[ or the podoononoo or non-performance o[ this Agreement shall be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina. Dio agreed bvthe <br /> pordoo that no other 000d shall have jurisdiction or venue with respect to such suits or actions. Binding <br /> arbitration may not be initiated by either Party, however, the 9odioo may agree to nonbinding mediation of <br /> any dispute prior to the bringing of such suit oraction. <br /> |i Non Appropriation: Provider acknowledges that County is ogovonunontol 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 the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty toCounty <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 10/14 <br />