Orange County NC Website
DocuSign Envelope ID:ECFECC85-FAA8-4879-BE41-DF27B75DEF03 <br /> d. Nothing in this section is intended to affect or abrogate the County's sovereign <br /> immunity defenses. <br /> 7. Indemnification. Provider agrees to defend, indcmnify, and hold harmless the County, for <br /> all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily <br /> injury, including death or property damage, to any person or persons caused in whole or in <br /> part by the negligence or willful misconduct of the Provider, except to the extent same are <br /> caused by the negligence or willful misconduct of the County. It is the intent of this section <br /> to require Provider to indemnify the County to the extent permitted under North Carolina <br /> law. Nothing in this section is intended to affect or abrogate the County's sovereign <br /> immunity defenses. <br /> 8. 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 <br /> performing the services under this Agreement. Such personnel shall not be employees or <br /> have any contractual relationship with the County. Provider is permitted under federal and <br /> state law to rehabilitate wildlife. <br /> 9. Subcontract. The County and Provider deem the services provided under this Agreement to <br /> be personal in nature and. Provider may not subcontract any rights or duties under this <br /> Agreement to 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 <br /> County nor the Provides: shall assign or transfer its interest in this Agxeement without the <br /> written consent of the other <br /> 11. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of <br /> respective parties hereunder shall be governed by the laws of the State of North Carolina. By <br /> executing this Agreement Provider affirms that Provider and any subcontractors of Provider <br /> are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina <br /> General Statutes. By executing tlus Agreement Provider certifies that Provider has not been <br /> identified,and has not utilized the services of any agent or subcontractor, on the list created <br /> by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider <br /> certifies that Provider has not been identified, and has not utilized the services of any agent <br /> or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- <br /> 86.81. <br /> 12. Non-Discrimination. Provider shall at all times remain in compliance with all applicable <br /> local, state, and federal laws, rules, and regulations including but not limited to all state and <br /> federal non-discrimination laws, policies, rules,and regulations and the Change County Non- <br /> Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated <br /> herein by reference and may be viewed at <br /> http:ll�����v.oran;ecaui�ns�c ovlcleparttncnt�lpurcl�35ingi divisionlcontracts plip) Any <br /> violations of the Orange County Non-Discrimination Policy is a breach of this Agreement <br /> and County may immediately terminate this Agreement without further obligation on the <br /> part of the County. This paragraph is not intended to limit and does not limit the definition <br /> of breach to discrimination. <br /> 6 <br />