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Attachment A <br />1 <br />Addendum <br />Rev. 11/20 <br />ADDENDUM TO PLM EQUIPMENT SERVICES, INC D.B.A. EMSAR <br />STRETCHER/POWERLOAD/PERFORMANCE MAINTENANCE <br />LOAD AGREEMENT <br /> <br />This Customer Addendum, together with the applicable cover agreement, modifies the PLM <br />Equipment Services, Inc. d.b.a. Emsar Stretcher/Stairchair/Powerload/Performance Load <br />Maintenance Agreement (“Agreement”) between Emsar (“Contractor”) and Orange County <br />(“Customer”). The Customer Addendum takes precedence over all other conflicting terms and <br />conditions of the Agreement. This Addendum supersedes and modifies the attached Agreement. <br />This Addendum is attached to the Agreement is hereby incorporated by reference into that <br />Agreement as if had been set out therein. <br /> <br />1. Modify Section 4.7. by adding the following italicized language. <br /> <br />The Customer shall indemnify and hold harmless “to the maximum extent permitted by <br />North Carolina law” any claims, liability or damages Company incurs as a result <br />of: <br /> <br />At the end of Section 4.7 adding: No section of the Agreement is intended to <br />create a waiver of Customer’s rights or privileges as a sovereign entity. <br /> <br />2. Amending the Agreement to add the following sections to the Agreement: <br /> <br />7. Provider shall at all times remain in compliance with all applicable local, state, <br />and federal laws, rules, and regulations including but not limited to all state and <br />federal anti-discrimination laws, policies, rules, and regulations and the Orange <br />County Anti-Discrimination Policy. Any violation of this requirement is a <br />breach of this Agreement and County may immediately terminate this Agreement <br />without further obligation on the part of the County. This paragraph is not <br />intended to limit and does not limit the definition of breach to discrimination. By <br />executing this Agreement Provider affirms that Provider is and shall remain in <br />compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. <br />By executing this Agreement Provider certifies that Provider has not been <br />identified, and has not utilized the services of any agent or subcontractor, on the <br />list created by the State Treasurer pursuant to G.S. 147-86.58. <br /> <br />8. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek <br />damages with respect to any provision of, or the performance or non- <br />performance of, this Agreement shall be brought in the General Court of Justice <br />of North Carolina sitting in Orange County, North Carolina. It is agreed by the <br />parties that no other court shall have jurisdiction or venue with respect to such <br />suits or actions. Binding arbitration may not be initiated by either Party, <br />however, the Parties may agree to nonbinding mediation of any dispute prior to <br />the bringing of such suit or action. <br /> <br />9. Non Appropriation: Provider acknowledges that County is a governmental entity, <br />and the validity of this Agreement is based upon the availability of public <br />funding under the authority of its statutory mandate. In the event that public <br />funds are unavailable and not appropriated for the performance of County’s <br />DocuSign Envelope ID: DEAC3767-0BA7-46CE-90A8-8653E11910A6