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(New Destinations) <br />Orange County Cardinal Managed CareFund Performance AgreementPage4of 9 <br />Rev. 8/18 <br />x Worker'sCompensation Limits for Coverage A -Statutory State <br />NC & Coverage B -Employers Liability <br />$500,000 each accident, disease policy limit and <br />disease each employee <br />x Commercial General $1,000,000 Each Occurrence <br />Liability$2,000,000 Aggregate <br />x Automobile Liability$500,000 Combined Single Limit <br />x Professional Liability$1,000,000 Each Occurrence <br />$2,000,000 Aggregate <br />c.All insurance policies (with the exception of Worker's Compensation and Professional <br />Liability) required under this Agreement shall name the County as an additional insured <br />party and as a certificate holder. Evidence of such insurance and all correspondence shall <br />be sent to: <br />Orange County Risk Manager <br />Post Office Box 8181 <br />Hillsborough, NC 27278 <br />d.Nothing in this section is intended to affect or abrogate the County’s sovereign immunity <br />defenses. <br />7.Relationship of the Parties. Provider is an independent contractor of the County. Provider <br />represents that they have or will secure, at his own expense, all personnel required in performing <br />the services under this Agreement. Such personnel shall not be employees or have any <br />contractual relationship with the County. All personnel engaged in work under this Agreement <br />shall be fully qualified and shall be authorized and permitted under federal, state and local law to <br />perform such services. <br />8.Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, <br />ordinances, orders and regulations of the federal, state or local governments, as well as their <br />respectivedepartments, commissions, boards, and officers, which are in effect at the time of <br />execution of this Agreement or are adopted at any time following execution of this agreement. <br />9.Subcontract. The County and Provider deem the services provided under thisAgreement to be <br />personal in nature and Provider may not subcontract any rights or duties under this Agreement to <br />any other party without prior written consent from the County. <br />10.Limitation and Assignment.The County and the Provider each bind themselves,their <br />successors, assigns and legal representatives to the terms of this Agreement. Neither the County <br />nor the Provider shall assign or transfer its interest in this Agreement or the rights to payment to <br />any other party without the written consent of theother. <br />11.Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all <br />loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, <br />including death or property damage, to any person or persons caused in whole or in part by the <br />negligence or willful misconduct of the Provider, except to the extent same are caused by the <br />negligence or willful misconduct of the County. It is the intent of this section to require Provider <br />to indemnify theCounty to the extent permitted under North Carolina law.Nothing in this <br />section is intended to affect or abrogate the County’s sovereign immunity defenses. <br />12.Non-Appropriation. This Agreement is subject to the availability of funds to purchase the <br />specified services and may be terminated at any time if such funds become unavailable. <br />DocuSign Envelope ID: 45F8D9E2-21AC-4868-9A00-7CEFD1517F11