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DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D
<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
<br /> Work.The Contract Documents constitute the entire agreement between Owner and Contractor.This Agreement
<br /> may be amended only by written instrument signed by both parties. Modifications may be evidenced by
<br /> facsimile signatures. If any provision of the Agreement or General Conditions shall be declared invalid or
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