2016-126-E DEAPR - Carolina Earthscapes, Inc. for Fairview shelter repairs

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000wSWn Envelope ID: 38Ar13503ouC-4041-8oA3-94r55EACr58u workers'compensation purposes, The Provider understands that neither federal, not-state, not- payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4` : Provider mhuU obtain, at its ook: expense, Commercial Gm)eon| Liability Insurance, Automobile Inmmruuom, Workers' Compensation Iuaornocc, and any additional insurance no may berequired by County's BJmk ��unugeros such insurance requirements are described iu the Orange County l�|nkTransfer' Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at if County's RLik Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (if no additional insurance required mark N/A as being not applicable). Provider shall not cornmence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. : The Provider agrees to defend, ��n� �� h� ��l� {�� �m all |omo� —a` claims, demands, mudm' costs, damages or expenses (including reasonable uKomoe''n fees) arising from budii�w injury, including death, to any person or persons or doongm to or destruction o f any property caused /n whole or in pn r1 by any negligent or intentional act or omission oil the part of the Provider, its ogmuto' or assigns directly or indirectly related to the Services to be pm'5/uucd pursuant{o this Agreement oo the pail of the Provider, 6. Termination: This Agreement may 6m terminated ot any time hw Mutual written agreement o| the patties or -y ibeCnmo1y upon written notice to the Provider. County may suspend this Agreement upon reasonable notice|nthe Provider. 7. The pudimm have read this Agreement and agree 10 be bound by all of its (mnum' and dhm, agree that it constitutes the complete and exu|oairo ntutmneu( of the Agreement t between the parties unless and until modified in writing and ai@ \md by the patties. This Agreement together with any amn ud neu(m or modifications may bcexecuted n|ootn)nkm||v. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article | iA and /\r{io|n 40 of Nudb Carolina General Statute Chapter 60. 8. ------: in doieou|uioB the hmniu set-vices to be provided, mboo|d any documents be oofbrcocuW iuorattached to this Agreement, the terms ofthis /\grcom0eu1 mbu|\ have pyind|Y in any conflict hehxee\the terms uf referenced documents and the terms of this Agreement. 9\ Bo{bpndicougree thuL1hia&greenmeu(shall be govenncdhv1he laws nfthe 8t�o[Nod|� �--Provider shall at all times remain in compliance with all applicable local,state, and federal laws, nmbm, and regulations including but not limited to all moti-dimmrion|an(iou |urvy. By executing this Agreement Provider affirms that Provider is and mbmUmu in in compliance with Article 2 of Chapter 04 of the North Carolina General Statutes. 10 : Any and all suits or actions toenforce, interpret, or seek damages with respect to any provision wf, or the performance or tion-performance o[ this Agreement shall be brought in General North Carolina. b |m agreed 6vthe parties that no other court ohRU have jurisdiction or venue with respect to such suits or actions, Binding arbitration may not be initiated h« either Perty, bonevmr, tho9udiemomnymgreob> uoubiud' mediation of any dispute prior 0n the bringing of such suit oraction. 11. Non Approprjafiqq: Provider acknowledges that Count), is governmental entity, and the validity o[this Agreement is based upon the availability of public funding under the authority of its statutory mandate. luthe event that public funds are unavailable and not appropriated Ibr the performance ofCounty's Revised 1/16 2