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000wSWn Envelope ID:uA10r5EC'EE18-45r1-8u4C-CO40EoA1A3rr <br /> incorporated herein by reference and may be viewed at <br /> , If County's Bjuk <br /> Manager determines additional insurance coverage is required such additional insurance abuU unuo|n\ ofo/u <br /> (if noadditional insurance required mark N/A ombeing not applicable). Provider shall not commence work <br /> uoh| munk|nm|runuo is in effect and nnrhficuhonthereof has been received bv the County's Risk Manager. <br /> 5. Inde : The Provider agrees to dcU»od' indemnify, and hold huuu|exm Orange County <br /> from all |nmams, liabilities, u|uinlm` dmnoodx` suits, conts, do|nngeo or expenses (iox1ud|oQ ooaoounh>e <br /> attorney's fees) arising from bud||v injury, including death, 10 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 ornission on the <br /> part of the Provider, its agents, or assigns directly or indirectly m|uNd to the Services to be performed <br /> pursuant to this Agreement un the part of the Provider, <br /> (. : This Agreement may be terminated at any time hvmutual written agreement o[ <br /> the pod{ms or by the County upon n/dkon notice to the pnmvidoc County may suspend this Agreement upon <br /> reasonable notice to the Provider. <br /> 7. Entire Agreement and Signatures: The podiou have read this &@Jcomcn| and agree to be <br /> bound by all of its terms, and further agree that it cou*Ukdmo the complete and exclusive statement of the <br /> Agreement between the parties u/dexu and uu||| modified in writing and signed by the podicm. This <br /> Agreement together with any amendments or modifications may be executed electronically. All o|eotnouix <br /> signatures affixed hereto evidence the intent uf the Parties (o comply with Article 1|/\ and Article 40 of <br /> North Carolina General 8tuk/to Chapter 66. <br /> 8- : In determining the hmoio services to be provided, mbmuN any documents be <br /> referenced in or attached to this /k@yoemant^ the kzmo of this Agreement mhmU have priority in any conflict <br /> between the terms of referenced documents and the terms of this Agreement, <br /> 9. Governing Both parties agree that this Agreement shall bu governed bv the laws ofthe <br /> State of North Carolina. Provider shall at all domou »uuaiu in compliance with all applicable local,state, and <br /> federal laws, ro|em` and rcguJudouy including but not limited to all anti-discrimination laws. By executing <br /> this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 <br /> of the North Carolina General Statutes. <br /> Ul Dispute Resolution: Any and all suits or actions 1n #o1brc#, interpret, or seek damages with <br /> respect toany provision of, or the performance or non-performance of, this Agreement shall be brought in <br /> the General Court o[Justice of North Carolina sitting in Orange Count),,North Carolina. It is agreed by the <br /> pmnimn that no other court mbnU have jurisdiction co venue with respect to such suits or actions. Binding <br /> nrh|(mhon may not be initiated by either Party, however, the Pat-ties may agree to nonbinding mediation of <br /> any dispute prior tn the bringing of such suit oraction. <br /> U. Non AV12ropriation: Provider ookunv/edgem that County is x governmental entity, and the <br /> validity of this Agreement is based upon the availability o[public funding under the authority mf its statutory <br /> maodate. In the event that public funds are unavailable and not appropriated for the performance ofCounty's <br /> obligations under this /\grco/ncni, !hen this Agreement shall automatically expire without penalty 1oCounty <br /> immcdiatc|yuponv/riUenno1icmk» Providcro[(beuoavmilobiUtyandnou-mppropdationofpuWicfbudn. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 1/16 <br />