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+ 1 <br /> be required by Owner ' s Risk Manager as such insurance requirements are described in the Orange County <br /> Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at htt : //oran eg countync . gov/purchasing/contracts . asp ) . <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) . <br /> Provider shall not commence work until such insurance is in effect and certification thereof has been <br /> received by the Owner' s Risk Manager , <br /> 5 . Indemni : 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 /> 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 /> 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 /> 8 . GoverningLBoth 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 /> 9 . &Veri Pursuant to the terms of North Carolina General Statute 153A449 (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 /> L <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 /> [ SIGNATURE PAGE TO FOLLOW] <br /> Last modified 9/13 2 <br />