Agenda - 11-02-2017 - 8-e - Use Agreement between Orange County and the Eno Volunteer Fire Department

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6 11. Insurance. Fire Department shall maintain fire insurance on the building in which the premises is located. The County shall maintain fire and casualty insurance covering the County's equipment and other property located in the premises. 12. Relationship of the Parties. The County is an independent contractor of Fire Department. The County represents that they have or will secure, at their own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with Fire Department. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. 13. Subcontract. The Parties deem the services provided under this Agreement to be personal in nature and they may not subcontract any rights or duties under this Agreement to any third party without prior written consent. 14. Assignment. The Parties agree not to assign this Agreement, to any other party without the prior written consent of the other Party. 15. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. 16. Non-Discrimination. The parties hereto agree for themselves, their agents, officials, employees and servants not to discriminate in any manner on the basis of race, color, gender, national origin, age, disability, religion, creed, sexual orientation, gender identity, gender expression, familial status or veterans status with reference to any activities carried out by this Agreement. 17. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to the County and Fire Department. All notices required and/or made pursuant to this Agreement to be given to the County and the Fire Department shall be in writing and mailed to the party addressed as follows: County: Director Emergency Services Department Orange County Post Office Box 8181 Hillsborough,North Carolina 27278 Fire Department: Fire Chief Eno Volunteer Fire Department 5019 Old Hillsborough Road Durham,North Carolina 27705 18. Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire Agreement between the parties and shall supersede, replace or nullify any and all prior Agreements of understandings; written or oral, relating to the matters set forth herein, and any such prior Agreements or understandings shall have no force or affect whatsoever on Orange County-Eno Volunteer Fire Department Substation Agreement Page 4 of 6