Orange County NC Website
<br />5 <br />Treasurer pursuant to G.S. 147 -86.58. By execu<ng this Agreement SSG cer<fies that SSG has not been <br />iden<fied and has not u<lized the services of any agent or subcontractor iden<fied, on the list created by <br />the State Treasurer pursuant to G.S. 147-86.81. Any and all suits or ac<ons to enforce, interpret or seek <br />damages with respect to any provision of, or the performance or non-performance of, this Agreement shall <br />be brought in the General Court of Jus<ce of North Carolina siung in Orange County, North Carolina. It is <br />agreed by the par<es that no other court shall have jurisdic<on or venue with respect to such suits or <br />ac<ons. Binding arbitra<on may not be ini<ated by either Party, however, the Par<es may agree to <br />nonbinding media<on of any dispute prior to the bringing of such suit or ac<on. The Uniform Computer <br />Informa<on Transac<ons Act does not apply to this Agreement or orders placed under it.” <br />12. Sec8on 12.12. Publicly. Sec<on 12.12 is hereby amended and restated in its en<rety, to read as follows: <br />“Publicity. Client agrees that SSG may iden<fy Client as a recipient of Services and use its logo in sales <br />presenta<ons, marke<ng materials and press releases, upon prior wri0en approval from Client.” <br />13. Sec8on 12.14. Insurance. A new Sec<on 12.14 is hereby added, to read as follows: <br />“Insurance. SSG shall obtain, pay for, and maintain in full force and effect during the Term insurance <br />coverages in the following types and amounts: <br />(a) Commercial General Liability with limits no less than One Million Dollar ($1,000,000) per claim and Two <br />Million Dollar ($2,000,000) in the aggregate, including bodily injury and property damage and products <br />and completed opera<ons and adver<sing liability, which policy will include contractual liability <br />coverage insuring the ac<vi<es of SSG under this Agreement; <br />(b) Cyber Liability Insurance, including first party and third party coverage, with limits no less than Two <br />Million Dollar ($2,000,000) per claim and Five Million Dollar ($5,000,000) in the aggregate for all claims <br />each policy year; <br />(c) Worker’s Compensa<on in at least the minimum amount required by applicable law; <br />(d) Errors and Omissions/Professional Liability with limits no less than One Million Dollar ($1,000,000) per <br />claim and Two Million Dollar ($2,000,000) in the aggregate for all claims each policy year; and <br />(e) Umbrella/Excess Coverage for the insurance coverages required under this Sec<on. Such <br />Umbrella/Excess Coverage insurance shall provide for a limit of at least Five Million Dollars ($5,000,000) <br />per occurrence excess of underlying insurance. <br />(f) All insurance policies: (a) will be issued by insurance companies with a Best’s Ra<ng of no less than AVII; <br />(b) provide that SSG gives Client at least thirty (30) days’ prior wri0en no<ce of any cancella<on or non- <br />renewal of, or material change in, the coverage, scope or amount of such policy and SSG will furnish to <br />Client evidence of insurance evidencing the required insurance coverages promptly upon Client’s <br />wri0en request. If underwri0en on a claim made insuring agreement, all required insurance hereunder <br />shall be maintained for a period necessary to cover any claim(s) made under the Agreement.” <br /> <br />IN WITNESS WHEREOF, the Par<es hereto have executed this Rider and the a0ached Master Services <br />Agreement with the intent to be legally bound thereby, effec<ve February 1, 2024. All electronic signatures <br />affixed hereto evidence the consent of the Par<es to u<lize electronic signatures and the intent of the Par<es to <br />comply with Ar<cle 11A and Ar<cle 40 of North Carolina General Statute Chapter 66. <br /> <br />DocuSign Envelope ID: 7FA62209-A970-40F7-9C38-88B8CD8221DFDocuSign Envelope ID: F96193CE-1C3E-4AB8-B35D-B4F5A97AE7D4