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<br />conducted by an independent third party at the expense of the County. Delays related to any of
<br />the aforementioned tests and inspections shall not be grounds for delaying the completion of the
<br />work. If any such tests and inspections reveal deficiencies in the Work such that the Work does
<br />not comply with terms or requirements of the Contract Documents and/or the requirements of
<br />any code or law the Provider is solely responsible for the cost of bringing such deficiencies into
<br />compliance with the terms of the Contract Documents and/or any code or law.
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<br />d. Should the County reject any portion of the Work for failing to comply with the Contract
<br />Documents, Provider shall immediately, at Provider’s expense, correct the Work. Any such
<br />rejection may be made before or within one year after substantial completion.
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<br />e. Installation Fee: Provider is encouraged not to charge an installation fee, but at no time will the
<br />fee be more than $75 per premise.
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<br />22. INDEMNITY
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<br />a. To the extent authorized by North Carolina law, the Provider agrees, without limitation, to
<br />defend, indemnify and hold harmless the County from all loss, liability, demands, claims, causes
<br />of actions, suits, judgments, and costs and expenses incidental thereto, (including, without
<br />limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable
<br />attorneys' fees), arising out of or related to the Scope of Services and arising from challenges to
<br />the authority and making of this agreement. It is the intent of this provision to require the
<br />Provider to indemnify the County to the fullest extent permitted under North Carolina law.
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<br />23. CONSEQUENTIAL DAMAGES
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<br />a. County and Provider mutually waive any claim against each other for consequential damages.
<br />Consequential Damages include:
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<br />(i) Damages incurred by County for loss of use, income, financing, or business.
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<br />(ii) Damages incurred by Provider for office expenses, including personnel, loss of
<br />financing, profit, income, business, damage to reputation, or any other non-direct
<br />damages.
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<br />24. INSURANCE
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<br />During the term of this Agreement Provider will maintain the following insurance levels:
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<br />Workers' Compensation Insurance, with limits for Coverage A Statutory - State of North Carolina and
<br />Coverage B Employers Liability $500,000 bodily injury, $500,000 bodily injury by disease, and
<br />$500,000 by disease policy limit.
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<br />Commercial general liability of not less than $2,000,000 General Aggregate Limit (Other than
<br />Products-Completed Operations), $2,000,000 Products-Completed Operations Aggregate Limit,
<br />$1,000,000 Personal and Advertising Injury Limit, $1,000,000 Each Occurrence Limit, and $100,000
<br />Fire Damage Limit, and shall not contain an exclusion for contractual liability.
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<br />For automobile liability the limits shall not be less than $1,000,000 each person, $1,000,000 each
<br />occurrence of bodily injury liability, and $1,000,000 each occurrence of property damage liability,
<br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B
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