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Revised 12/18 <br />5 <br /> <br />c. Additional Services. County shall not be responsible for costs related to any services in <br />addition to the Basic Services performed by Provider unless County requests such <br />additional services in writing and such additional services are evidenced by a written <br />amendment to this Agreement. <br /> <br />6. Responsibilities of the County <br /> <br />a. Cooperation and Coordination. The County has designated (Rebecca Crawford) to act <br />as the County's representative with respect to the Project and shall have the authority to <br />render decisions within guidelines established by the County Manager and/or the County <br />Board of Commissioners and shall be available during working hours as often as may be <br />reasonably required to render decisions and to furnish information. <br /> <br />7. Insurance <br /> <br />a. General Requirements. Provider shall obtain, at its sole expense, Commercial General <br />Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any <br />additional insurance as may be required by County’s Risk Manager as such insurance <br />requirements are described in the Orange County Risk Transfer Policy and Orange <br />County Minimum Insurance Coverage Requirements (each document is incorporated <br />herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If <br />County’s Risk Manager determines additional insurance coverage is required such <br />additional insurance shall consist of cyber liability (if no additional insurance required <br />mark N/A as being not applicable). Provider shall not commence work until such <br />insurance is in effect and certification thereof has been received by the County's Risk <br />Manager. <br /> <br />8. Indemnity; Limitation of Liability <br /> <br />a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold <br />harmless the County from all loss, liability, claims or expense, including attorney's fees, <br />arising out of or related to the Project and arising from property damage or bodily injury <br />including death to any person or persons caused in whole or in part by the negligence or <br />misconduct of the Provider except to the extent same are caused by the negligence or <br />willful misconduct of the County. It is the intent of this provision to require the Provider <br />to indemnify the County to the fullest extent permitted under North Carolina law. <br /> <br />b. THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE FOR LOST <br />PROFITS, DATA LOSS, OR ANY EXEMPLARY, SPECIAL, INCIDENTAL, <br />CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH ARISE DIRECTLY OR <br />INDIRECTLY OUT OF THE SUBJECT MATTER OF THIS AGREEMENT OR THE <br />SERVICES PROVIDED BY EPLUS HEREUNDER, WHETHER SUCH DAMAGES ARE <br />ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO <br />SOME OTHER THEORY. A PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER <br />ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES <br />ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE SERVICES <br />WILL NOT IN ANY EVENT EXCEED THE AMOUNTS PAID TO PROVIDER FOR THE <br />SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY <br />DocuSign Envelope ID: 1EA507B2-2FD4-49E1-886A-5671C8F89E61