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� <br /> 000wSWn Envelope ID: o10o4rAr-6o34-40 E8A8 <br /> Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may he viewed at <br /> If County's Risk <br /> Manager determines additional insurance coverage is required such additional insurance shall consist of N/A <br /> (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work <br /> until such insurance is in effect and certification thereof has been received by the County's Risk Manager. <br /> 5. Indemni : The Provider agrees to defend` indemnify, and hold buooleas Orange County <br /> from all losses, liabilities, u}uiooa, denuuoda` oobm, 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, its agents, or uamigom directly or indirectly related to the 9enviuon 10 he performed <br /> pursuant tothis Agreement on the part uf the Provider. <br /> 6. : This Agreement may he terminated at any time by mutual wrh1cu agreement of <br /> the parties orbvthe County upon written notice to the Provider. County may suspend this Agreement upon <br /> reasonable notice 1othe Provider. <br /> 7. Entire Agreement and Signatures: The parties have read this Agreement and agree tobc <br /> bound by all of its terms, and fbdboc agree that it constitutes the complete and cxo|nmivo statement of the <br /> Agreement between the parties unless and until modified in vmbiog and signed by the parties. This <br /> Agreement together with any an/endozeo1m or modifications may be executed electronically. All electronic <br /> signatures affixed hereto evidence the ickun1 of the Parties to comply with Article llA and Article 40 of <br /> North Carolina General Statute Chapter 66. <br /> 8. : In determining the basic services to be provided, should any documents be <br /> referenced in mc attached to this Agreement, the terms of this Agreement shall have priority io any conflict <br /> between the terms of referenced documents and the terms of this Agreement. <br /> q. Governing Both parties agree that this Agreement shall ho governed bv the laws ofthe <br /> State of North Carolina. Provider abuJ| u1 all times remain iu compliance with all applicable local, state, and <br /> federal laws, rules, and regulations including but not )inndod to all eud-diaocirniou1iun |avvu. By executing <br /> this Agreement Provider affirms that Provider iu and shall remain in compliance with Article 2 of Chapter 04 <br /> of the North Carolina General Statutes. <br /> 10. Dispute Resolution: Any and all uudm oc actions tu enforce, interpret, or seek damages with <br /> respect to any provision of or the performance or non-performance o[ this Agreement shall he brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina. bia agreed hythe <br /> parties that no other court ubu]l have jurisdiction or venue with respect to such suits or actions. Binding <br /> arbitration may not he initiated by either Party, however, the Parties may agree 1u nonbinding mediation of <br /> any dispute prior to the bringing of such suit oraction. <br /> ]} : Provider acknowledges that County iaagovernmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. Inthe 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 County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 1/16 <br />