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000wSWn Envelope ID: Cur0r88re158-4o58-853C;E45uE58C8r0o <br /> incorporated herein by reference and may be viewed at <br /> If County's Risk <br /> Manager determines additional insurance coverage is required such additional insurance sliall 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. : The Provider agrees to defend' iudemnify, and hold harmless Orange County <br /> from o|—iommea--�m, claims, demands, suits, costs, damages or expnooco (including reasonable <br /> attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br /> destruction o[ uy <br /> ^ oopndYomu|med in whole or in part bv any omg(ige/dor |u&ou1i000| act V,omoinniononthe <br /> pad of the Provider, its -gmuie` or assigns directly or indirectly related to the Services to be performed <br /> pursuant ho this Agreement on the part of the Provider. <br /> ( . : This /�greemmeu1o\aybotoruoiva1edu(u/ry|lomohvroniuuir/riUon agreement of <br /> Ulmp0d�- or by—the Coun1yupon written notice to tile Provider. County may suspend this Agreement upon <br /> reasonable notice<o the Provider. <br /> 7[ The patties have read this Agreement and agree hmbu <br /> bound <br /> by all of its ierona' and further agree that it constitutes the conp|m<o and exclusive oto<oucui of the <br /> Agreement between the parties unless and until modified in writing and signed by the patties, This <br /> \~ oneut together with any amendments or modifications may be executed e|sotn`uica||v. All electronic <br /> signatures <br /> affixed hereto evidence the intent of the 9udinu to comply with Adio|m \lA and Article 40 of <br /> North Carolina General Statute Chapter 06. <br /> 8[ determining-� b> ���#� �oiu� the basic morvioom to be provided, should any documents be <br /> referenced-- inor----attached 10 this Agreement, the terms o[this Agreement shuU have priority in any conflict <br /> between the terms of referenced documents and the terms of this Agreement. <br /> 9\ oth patties agree that this Agreementyhw|| he governed by the laws o[the <br /> State nf--North Carolina, Pomvidcro}ioU at all times remain in compliance with all applicable local, state, and <br /> federal hnm, rules, and regulations including but not limited to all anti-disodnmiuotiou laws. By executing <br /> this Agreement Provider affirms that Provider is and sliall remain in compliance with Article 2 of Chapter 64 <br /> of the North Carolina General Statutes. <br /> 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, o, seek damages with <br /> mopcoi —ay provisiou performance o[ or the p�ru000cm ornm)-yerfoAgreeAgreement rooc� o[ d�im �� � �n� uhu|| be brought in <br /> General Court of North Carolina sitting in Orange County,North CunzUuu. O is agreed by the <br /> parties that no other court oba|| have jurisdiction or venue with ouupcc( to such moi(m or actions. Binding <br /> orbh|n\iou may not be initiated by either Party, however, the Pudiow may agree to nonbinding mediation of <br /> any dispute prior ho the bringing ofmunhmuhornodou. <br /> ll : Provider acknowledges that Countv is u governmental entity, and the <br /> validity of this Agreement ls 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 ofCounty's <br /> obligations under this Agreement, (bon this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and umo-npp,opriutiomof public fundm. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 1/16 2 <br />