Orange County NC Website
Last modified 9/13 <br /> 2 <br />If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance <br />shall be designated here n/a (if no additional insurance required mark N/A as being not applicable). Provider <br />shall not commence work until such insurance is in effect and certification thereof has been received by the <br />Owner's Risk Manager. <br /> <br />5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County <br />from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable <br />attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or <br />destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br />part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in <br />this Agreement. <br /> <br />6. Termination: This Agreement may be terminated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider. <br /> <br />7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its <br />terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between <br />the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br />by telefacsimile signature. <br /> <br />8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br />State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br />Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br />Orange County, North Carolina. <br /> <br />9. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county <br />may enter into a contract with a contractor unless the contractor and the contractor’s subcontractors comply <br />with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, <br />failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes <br />constitutes Provider’s breach of this Agreement. By executing this Agreement Provider affirms Provider is <br />in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> <br />10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br />mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br />immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> <br />[SIGNATURE PAGE TO FOLLOW] <br />DocuSign Envelope ID: CE8E22F7-B143-4601-A970-FE3B901671AD