Orange County NC Website
Browse       Search
19. Caterer shall compensate the County for any loss, damage, spoilage or shortage of food <br /> (including attorney's fees and the cost of litigation) caused by negligent acts or omissions of <br /> Caterer's agents or employees in carrying out the terms of this Agreement. Caterer shall <br /> defend, indemnify and otherwise hold harmless the County against any claim or suit <br /> involving personal injury or property damage arising out of the transportation of meals to the <br /> various project site(s) and any claim alleging personal injury, sickness, and/or disease arising <br /> out of consumption of meals or other food caused by the storage, preparation and delivery of <br /> meals to the meal site(s). <br /> Caterer will not be responsible or liable for any of the above caused by the negligent acts of <br /> County personnel after acceptance of meals. If a defect is found in the meals or other food <br /> prepared by the Caterer, as between the County and the Caterer, it will be presumed that the <br /> defect is the responsibility of the Caterer unless the Caterer can establish the defect arises <br /> from some act or omission of the County. <br /> 20. The County shall promptly notify Caterer in writing of any claims against Caterer, the <br /> County and in the event a lawsuit is filed, shall promptly forward to Caterer all legal <br /> documents served in connection therewith. The County shall not incur any expense or make, <br /> any settlement without Caterer's consent. However, if Caterer refuses or neglects to defend <br /> any such suit, the County may defend, adjust, or settle any such claim, and the costs of such <br /> defense, adjustment or settlement, including reasonable attorney's fees, shall be paid by <br /> Caterer. <br /> 21. Caterer agrees to furnish the County with a certificate of insurance in a form acceptable to <br /> the County certifying that Caterer carries Workmen's Compensation, comprehensive <br /> (including products), bodily injury and property damage liability insurance in such amounts <br /> as are acceptable to the County. The County and Caterer hereby waive any and all rights of <br /> recovery from each other for loss to personal or real property, or loss of use thereof, <br /> howsoever occurring. This waiver shall include, but not be limited to losses covered by <br /> policies of fire, extended coverage, boiler explosion and sprinkler leakage. <br /> 22. It is mutually agreed between the parties that neither party shall be held responsible to the <br /> others for any losses resulting from its delay or failure to perform to the extent that the said <br /> party is delayed or prevented by Federal, State, or municipal action; war, revolution, riot or <br /> other disorder; strike or other labor problem; fire, flood, act of God, or without limiting the <br /> foregoing, by any other cause not within the control of the party whose performance is <br /> interfered with, and which by the exercise of reasonable diligence, the party is unable to <br /> prevent, whether of the class of causes hereinbefore enumerated or not. <br /> 23. Caterer covenants that it presently has no interest, direct or indirect, which would conflict in <br /> any manner or degree with the performance of service required to be performed under this <br /> Agreement. Caterer further covenants that in the performance of this Agreement, no person <br /> having any such interest shall be employed. <br /> 24. No officer, member, or employee of the County and no members of this governing body or <br /> the locality or localities in which the Project is situated or being carried out who exercises <br /> any functions or responsibilities in the review or approval of the undertaking or carrying out <br /> 7 <br /> Revised 1212016 <br />