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DocuSign Envelope ID:9F65F1 B2-3BE4-4133-A023-C80F60F07140 <br /> and shall be authorized or permitted under state and local law to perform such construction <br /> services. It is further agreed that Contractor will obey all State and Federal statutes, rules and <br /> regulations which are applicable to provisions of the construction services called for herein. <br /> Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or <br /> agent of the Owner. <br /> 5. SUSPENSION AND TERMINATION <br /> This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the <br /> Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to <br /> Contractor. Owner may suspend the Work at any time for Owner's convenience and without <br /> penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner <br /> Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by <br /> Owner. The notice required by this section or any other notice shall be delivered via certified <br /> mail, return receipt requested to the parties at the addresses as shown on the signature page to <br /> this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, <br /> the United States Post Office. <br /> 6. INSURANCE REQUIREMENTS <br /> Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, <br /> 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 in the <br /> Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br /> Requirements (each document is incorporated herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk <br /> Manager deteirnines additional insurance coverage is required such additional insurance shall be <br /> designated here NA (if no additional insurance required mark N/A as being not applicable). <br /> Contractor shall not commence construction work until such insurance is in effect and <br /> certification thereof has been received by the Owner's Risk Manager. <br /> 7. INDEMNIFICATION <br /> Contractor agrees to defend, indemnify, save, and protect Owner and Owner's lender, if any, <br /> harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, <br /> and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, <br /> in connection with, or resulting from any negligence, act or failure to act by the Contractor, the <br /> Contractor's agents, assigns or employees related to the Work. Contractor is responsible for all <br /> errors or omissions caused by its agents, contractors, employees, or assigns in the performance of <br /> this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to <br /> the full extent permitted under North Carolina law. <br /> 8. NON-ASSIGNMENT <br /> Contractor shall not assign all or any part of this Agreement, including rights to payments,to <br /> any other party without the prior written consent of the Owner. <br /> 9. NON—APPROPRIATION <br /> Contractor acknowledges that Owner is a governmental entity, and the validity of this <br /> Agreement is 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 <br /> Revised 6/16 2 <br />