Orange County NC Website
Revised 12/18 <br />4 <br />as being not applicable). Provider shall not commence work until such insurance is in <br />effect and certification thereof has been received by the County's Risk Manager. <br />b. County Insurance; County’s responsibility for the Equipment begins immediately upon <br />delivery and accepted completion of installation. County shall obtain and keep in force <br />during the entire Term and/or Extension Period liability and property insurance as <br />follows: (A) General Liability Insurance: A policy of combined bodily injury and <br />property damage insurance insuring County and Provider against any liability arising out <br />of the use, maintenance, or possession of the Equipment. Such insurance shall be in an <br />amount not less than $1,000,000 per occurrence. (B) Property Insurance: A policy of <br />insurance covering all loss or damage to the Equipment, including flood and earthquake, <br />for not less than 100% of the Equipment Value and the Ancillary Products value as <br />established by Provider for the full term of the Agreement. (C) General. (1) County’s <br />insurance for the Equipment shall be issued by insurance companies satisfactory to <br />Provider. Such insurance shall be primary, and any other coverage carried by the <br />Provider shall be excess and non-contributory. Within ten (10) days after the delivery of <br />the Modular Equipment, County shall provide Provider with evidence of the required <br />insurance and naming Provider as Additional Insured and Loss Payee. The Evidence of <br />Insurance must provide Provider with thirty (30) days prior written notice of any <br />cancellation. Any proceeds of such insurance shall be paid to Provider and shall be <br />applied to the replacement of the Equipment or payment of monies due under this <br />Agreement, at the option of Provider. County shall comply with all requirements of the <br />insurance underwriters or any governmental authority. (2) County shall pay a Missing or <br />Expired Evidence fee for each month that County fails to timely provide the required <br />Evidence of Insurance for property coverage or for liability coverage. Such fees shall be <br />calculated by Provider at its then-prevailing rate(s). Payment of such fees shall not <br />provide County with any insurance coverage, nor excuse County from performing its <br />obligations hereunder <br /> <br /> <br />8. Indemnity <br /> <br />a. Provider Indemnity. To the extent caused by the negligence of Provider, the Provider <br />agrees, , to defend, indemnify and hold harmless the County from all loss, liability, <br />claims or expense, including attorney's fees, arising out of or related to the Project and <br />arising from property damage or bodily injury including death to any person or persons <br />caused in whole or in part by the negligence or misconduct of the Provider except to the <br />extent same are caused by the negligence or willful misconduct of the County. It is the <br />intent of this provision to require the Provider to indemnify the County to the fullest <br />extent permitted under North Carolina law. <br /> <br />b. County Indemnity; To the extent permitted by law and to the extent of its insurance <br />policy coverage, County agrees to indemnify, defend, and hold harmless Provider, its <br />parents, subsidiaries, affiliates, directors, officers, agents, employees, and invitees, from <br />and against any and all losses, claims, costs, and attorneys’ fees and expenses, arising out <br />of or related to: (a) any loss or damage to the Equipment or any part or component <br />thereof; (b) the death of, injury to, or damage to the property of, any person or party <br />related to or arising out of the delivery, installation, use, possession, condition, return, or <br />repossession or relocation (by other than Provider’s employees and/or subcontractors) of <br />the Equipment and any part or component thereof; and/or (c) the failure of County to <br />DocuSign Envelope ID: F8EBDA2B-E1C9-4C03-80ED-E37FE36A5811