Orange County NC Website
SECTION 21 <br />Contractor agrees to defend, indemnify, and hold hazmless the County from all loss, liability, claims or <br />expense (including reasonable attorneys' fees) arising from bodily injury, including death or property <br />damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of <br />Contractor except to the extent same are caused by the negligence or misconduct by the County. The <br />County agrees, to the extent allowed by law, to defend, indemnify, and hold hazmless contractor from all <br />loss, liability, claims or expense (including death or' property damage, to any person or persons caused in <br />whole or in part by the negligence or willful misconduct of the County except to the extent same aze <br />caused by the negligence or misconduct by Contractor. <br />Special Requirements <br />The Contractor's insurance company is to submit a certificate of insurance stating that the County of Orange <br />is to be named as a certificate holder on the automobile and comprehensive general liability policies in lieu <br />of being named as an additional insured. <br />Current valid insurance policies meeting the requirements herein identified shall be maintained for the <br />duration of the named project.. There also shall be a 30-day notification to the County in event of <br />cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or <br />copies certified by an individual authorized by the insurance company meeting the required insurance <br />provisions shall be forwazded to the County. <br />It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same <br />insurance requirements as the general contractor, If the Contractor does not meet the insurance <br />requirements, alternate insurance coverage satisfactory to the County maybe considered. <br />SECTION 22 <br />(a) In the event Contractor materially defaults in the performance of any of the material covenants or <br />agreements to be kept, done or performed by it under the terms of this Agreement, the County shall <br />notify Contractor in writing of the nature of such default. Within I S days following such notice: <br />Contractor shall correct the default; or <br />2. hr the event of a default not capable of being corrected within 15 days, Contractor <br />shall commence correcting the default within 15 days of the County's notification <br />thereof, and thereafter correct the default with due diligence. <br />(b) If Contractor fails to correct the default as provided above, the County, without further notice, shall <br />have all of the following rights and remedies, which the County may exercise: <br />The right to declare that this Agreement, together with all rights granted Contractor <br />hereunder, is terminated effective upon such date as County shall designate; <br />2. The right to license others to perform the services otherwise to be performed by <br />Contractor, or to perform such services itself; and <br />3, In the event of a default not capable of being corrected because of damage to the <br />