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<br />there may be difficult cases where additional costs are incurred in order to serve the customer.
<br />The first solution offered to the customer will be a term commitment so Contractor is assured
<br />of payment over a defined time - period. A second solution is to charge the customer a special
<br />construction charge. Contractor agrees to build out the network to ensure fewer than 3% of
<br />end -users are in this situation. Contractor will identify end -users in this situation on the
<br />monthly reports.
<br />i. Preferential Pricing for Business Partners: Contractor will offer service to any Owner
<br />designated Partner at a rate 10% below the lowest cost competitive bid.
<br />13. CONSEQUENTIAL DAMAGES
<br />a. Owner and Contractor mutually waive any claim against each other for consequential damages.
<br />Consequential Damages include:
<br />(i) Damages incurred by Owner for loss of use, income, financing, or business.
<br />(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
<br />financing, profit, income, business, damage to reputation, or any other non - direct
<br />damages.
<br />14. INSURANCE
<br />During the term of this Agreement Contractor will maintain the following insurance levels:
<br />Workers' Compensation Insurance, with limits for Coverage A Statutory - State of North Carolina and
<br />Coverage B Employers Liability $500,000 bodily injury, $500,000 bodily injury by disease, and
<br />$500,000 by disease policy limit.
<br />Commercial general liability of not less than $2,000,000 General Aggregate Limit (Other than
<br />Products - Completed Operations), $2,000,000 Products - Completed Operations Aggregate Limit,
<br />$1,000,000 Personal and Advertising Injury Limit, $1,000,000 Each Occurrence Limit, and $100,000
<br />Fire Damage Limit, and shall not contain an exclusion for contractual liability.
<br />For automobile liability the limits shall not be less than $1,000,000 each person, $1,000,000 each
<br />occurrence of bodily injury liability, and $1,000,000 each occurrence of property damage liability,
<br />policies with a single combined limit must be not less than $2,000,000 or $1,000,000 with an umbrella
<br />policy of $1,000,000 per occurrence.
<br />Professional liability insurance shall not be less than $1,000,000 per occurrence and shall hold Orange
<br />County, its departments, agents, employees or assigns harmless from any claim, including claims for
<br />attorneys' fees or other legal expenses, which may arise as a result of the sole negligence or
<br />malpractice of an employee of the contractor in providing services.
<br />15. ENTIRE AGREEMENT
<br />All of the documents listed, referenced or described in this Agreement, the written Notice -to- Proceed,
<br />together with Modifications made or issued in accordance herewith are the Contract Documents, and the work,
<br />labor, materials, and completed construction required by the Contract Documents and all parts thereof is the
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