Orange County NC Website
Browse       Search
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 harmless 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 ariy 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 forwarded to the County. <br />It sha11 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 requirements, <br />alternate insurance coverage satisfactory to the County maybe considered. <br />SECTION 21 <br />Termination <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 15 days following such notice: <br />1. Contractor shall correct the default; or <br />2. In 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 />1. The right to declare that this Agreement, together with all rights granted Contractor <br />hereunder, is terminated effective upon such date as Couuty 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 />Processing Center, due to force majeure, the County may provide Contractor with a <br />suitable temporary location for conducting processing sernces. <br />4. Contractor may terminate with cause after a 30 day notice. <br />8 <br />