Orange County NC Website
Browse       Search
9 <br /> owned vehicle insurance"). Non-owned <br /> vehicle insurance protects employers Default and Termination <br /> when employees use their personal <br /> vehicles for work purposes. Non-owned Termination Without Cause: The County may <br /> vehicle insurance supplements, but does terminate this contract without cause by giving 30 days <br /> not replace, the car-owner's liability written notice to the Contractor. <br /> insurance. <br /> Termination for Cause: If, through any cause, the <br /> The Contractor is not required to provide and maintain Contractor shall fail to fulfill its obligations under this <br /> automobile liability insurance on any vehicle—owned, contract in a timely and proper manner, the County shall <br /> hired,or non-owned--unless the vehicle is used in the have the right to terminate this contract by giving written <br /> performance of this contract. notice to the Contractor and specifying the effective date <br /> (d) The insurance coverage minimums specified in thereof In that event, all finished or unfinished <br /> subparagraph(a) are exclusive of defense costs. deliverable items prepared by the Contractor under this <br /> (e) The Contractor understands and agrees that the contract shall, at the option of the County, become its <br /> insurance coverage minimums specified in property and the Contractor shall be entitled to receive <br /> subparagraph (a) are not limits, or caps, on the just and equitable compensation for any satisfactory work <br /> Contractor's liability or obligations under this contract. completed on such materials, minus any payment or <br /> (f) The Contractor may obtain a waiver of any one or more compensation previously made. Notwithstanding the <br /> of the requirements in subparagraph (a) by foregoing provision, the Contractor shall not be relieved <br /> demonstrating that it has insurance that provides of liability to the County for damages sustained by the <br /> protection that is equal to or greater than the coverage County by virtue of the Contractor's breach of this <br /> and limits specified in subparagraph(a). The County agreement, and the County may withhold any payment <br /> shall be the sole judge of whether such a waiver due the Contractor for the purpose of setoff until such <br /> should be granted. time as the exact amount of damages due the County from <br /> (g) The Contractor may obtain a waiver of any one or more such breach can be determined. In case of default by the <br /> of the requirements in paragraph(a)by demonstrating Contractor, without limiting any other remedies for <br /> that it is self-insured and that its self-insurance breach available to it, the County may procure the <br /> provides protection that is equal to or greater than the contract services from other sources and hold the <br /> coverage and limits specified in subparagraph (a). Contractor responsible for any excess cost occasioned <br /> The County shall be the sole judge of whether such a thereby. The filing of a petition for bankruptcy by the <br /> waiver should be granted. Contractor shall be an act of default under this contract. <br /> (h) Providing and maintaining the types and amounts of <br /> insurance or self-insurance specified in this paragraph Waiver of Default: Waiver by the County of any default <br /> is a material obligation of the Contractor and is of the or breach in compliance with the terms of this contract by <br /> essence of this contract. the Provider shall not be deemed a waiver of any <br /> (i) The Contractor shall only obtain insurance from subsequent default or breach and shall not be construed to <br /> companies that are authorized to provide such be modification of the terms of this contract unless stated <br /> coverage and that are authorized by the to be such in writing, signed by an authorized <br /> Commissioner of Insurance to do business in the State representative of the County and the Contractor and <br /> of North Carolina. All such insurance shall meet all attached to the contract. <br /> laws of the State of North Carolina. <br /> (j) The Contractor shall comply at all times with all Availability of Funds: The parties to this contract agree <br /> lawful terms and conditions of its insurance policies and understand that the payment of the sums specified in <br /> and all lawful requirements of its insurer. this contract is dependent and contingent upon and subject <br /> (k) The Contractor shall require its subcontractors to to the appropriation, allocation, and availability of funds <br /> comply with the requirements of this paragraph. for this purpose to the County. <br /> (1) The Contractor shall demonstrate its compliance with <br /> the requirements of this paragraph by submitting Force Majeure: Neither party shall be deemed to be in <br /> certificates of insurance to the County before the default of its obligations hereunder if and so long as it is <br /> Contractor begins work under this contract. prevented from performing such obligations by any act of <br /> war,hostile foreign action,nuclear explosion,riot,strikes, <br /> Transportation of Clients by Contractor: The civil insurrection,earthquake,hurricane,tornado,or other <br /> contractor will maintain Insurance requirements if catastrophic natural event or act of God. <br /> required as noted under Article 7 Rule R2-36 of the North <br /> Carolina Utilities Commission. <br /> General Terms and Conditions—(06/16) Page 2 of 5 <br />