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General Terms and Conditions – (06/16) Page 2 of 5 <br />owned vehicle insurance”). Non-owned <br />vehicle insurance protects employers <br />when employees use their personal <br />vehicles for work purposes. Non-owned <br />vehicle insurance supplements, but does <br />not replace, the car-owner’s liability <br />insurance. <br /> <br />The Contractor is not required to provide and maintain <br />automobile liability insurance on any vehicle – owned, <br />hired, or non-owned -- unless the vehicle is used in the <br />performance of this contract. <br />(d) The insurance coverage minimums specified in <br />subparagraph (a) are exclusive of defense costs. <br />(e) The Contractor understands and agrees that the <br />insurance coverage minimums specified in <br />subparagraph (a) are not limits, or caps, on the <br />Contractor’s liability or obligations under this contract. <br />(f) The Contractor may obtain a waiver of any one or more <br />of the requirements in subparagraph (a) by <br />demonstrating that it has insurance that provides <br />protection that is equal to or greater than the coverage <br />and limits specified in subparagraph (a). The County <br />shall be the sole judge of whether such a waiver <br />should be granted. <br />(g) The Contractor may obtain a waiver of any one or more <br />of the requirements in paragraph (a) by demonstrating <br />that it is self-insured and that its self-insurance <br />provides protection that is equal to or greater than the <br />coverage and limits specified in subparagraph (a). <br />The County shall be the sole judge of whether such a <br />waiver should be granted. <br />(h) Providing and maintaining the types and amounts of <br />insurance or self-insurance specified in this paragraph <br />is a material obligation of the Contractor and is of the <br />essence of this contract. <br />(i) The Contractor shall only obtain insurance from <br />companies that are authorized to provide such <br />coverage and that are authorized by the <br />Commissioner of Insurance to do business in the State <br />of North Carolina. All such insurance shall meet all <br />laws of the State of North Carolina. <br />(j) The Contractor shall comply at all times with all <br />lawful terms and conditions of its insurance policies <br />and all lawful requirements of its insurer. <br />(k) The Contractor shall require its subcontractors to <br />comply with the requirements of this paragraph. <br />(l) The Contractor shall demonstrate its compliance with <br />the requirements of this paragraph by submitting <br />certificates of insurance to the County before the <br />Contractor begins work under this contract. <br /> <br />Transportation of Clients by Contractor: The <br />contractor will maintain Insurance requirements if <br />required as noted under Article 7 Rule R2-36 of the North <br />Carolina Utilities Commission. <br /> <br />Default and Termination <br /> <br />Termination Without Cause: The County may <br />terminate this contract without cause by giving 30 days <br />written notice to the Contractor. <br /> <br />Termination for Cause: If, through any cause, the <br />Contractor shall fail to fulfill its obligations under this <br />contract in a timely and proper manner, the County shall <br />have the right to terminate this contract by giving written <br />notice to the Contractor and specifying the effective date <br />thereof. In that event, all finished or unfinished <br />deliverable items prepared by the Contractor under this <br />contract shall, at the option of the County, become its <br />property and the Contractor shall be entitled to receive <br />just and equitable compensation for any satisfactory work <br />completed on such materials, minus any payment or <br />compensation previously made. Notwithstanding the <br />foregoing provision, the Contractor shall not be relieved <br />of liability to the County for damages sustained by the <br />County by virtue of the Contractor’s breach of this <br />agreement, and the County may withhold any payment <br />due the Contractor for the purpose of setoff until such <br />time as the exact amount of damages due the County from <br />such breach can be determined. In case of default by the <br />Contractor, without limiting any other remedies for <br />breach available to it, the County may procure the <br />contract services from other sources and hold the <br />Contractor responsible for any excess cost occasioned <br />thereby. The filing of a petition for bankruptcy by the <br />Contractor shall be an act of default under this contract. <br /> <br />Waiver of Default: Waiver by the County of any default <br />or breach in compliance with the terms of this contract by <br />the Provider shall not be deemed a waiver of any <br />subsequent default or breach and shall not be construed to <br />be modification of the terms of this contract unless stated <br />to be such in writing, signed by an authorized <br />representative of the County and the Contractor and <br />attached to the contract. <br /> <br />Availability of Funds: The parties to this contract agree <br />and understand that the payment of the sums specified in <br />this contract is dependent and contingent upon and subject <br />to the appropriation, allocation, and availability of funds <br />for this purpose to the County. <br /> <br />Force Majeure: Neither party shall be deemed to be in <br />default of its obligations hereunder if and so long as it is <br />prevented from performing such obligations by any act of <br />war, hostile foreign action, nuclear explosion, riot, strikes, <br />civil insurrection, earthquake, hurricane, tornado, or other <br />catastrophic natural event or act of God. <br /> <br />Docusign Envelope ID: E8EE5CB1-91EB-41FD-84F7-D8393F260F76