Orange County NC Website
DocuSign Envelope ID: mnz5A8-5582-41E2-8FrC-1EsnrFnouo39 <br /> 4. Insurance: Provider shall obtain, at its sole expense, Commercial {]ononU Liability <br /> lnoorouoo, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may <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 bvreference and may bo viewed at . <br /> If Owner's Risk Manager dotooninoo additional insurance coverage is required such additional inoorouoo <br /> shall consist ofn/o(if no additional insurance required nnodk N/A oo being not oppliooblo). Provider shall not <br /> commence work until such insurance is in effect and certification thereof has been received bvthe Owner's <br /> Risk Manager. <br /> 5. : The Provider ogr000 to defend, indemnify, and bold borml000 Orange County <br /> from all losses, liabilities, oloinno, demands, suits, costs, damages 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 : 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 executed 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 oond000 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\ Both parties agree that this Agreement shall bo governed bvthe 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 oboD be initiated in the {]ononU Court 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 {]onorol Court ofJustice of North Carolina sitting in Orange County, North Carolina. It is 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 hu 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 /> nnondo1o. 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 to Coon* <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised ucvou 2 <br />