Orange County NC Website
Browse       Search
Docusign Envelope ID : CO3CB1342-63854265 -A237- 1 BAD6C002EB8 <br /> authorized representatives access to all books and accounting records at any reasonable <br /> time . PFPC shall keep and preserve all books and accounting records for at least three <br /> ( 3 ) years following each Fiscal Year , including Operating Revenues and Operating <br /> Expenses for such period . In addition , on or before ninety ( 90 ) days following each Fiscal <br /> Year for which PFPC is managing the Facility hereunder , PFPC shall furnish to the County <br /> a balance sheet , a statement of profit or loss , and a statement of cash flows for the Facility <br /> for the preceding Fiscal Year , prepared in accordance with generally accepted United <br /> States accounting principles to be audited by the County' s independent auditor or other <br /> independent auditor chosen by the County . The audit shall contain an opinion expressed <br /> by the independent auditor of the accuracy of financial records kept by PFPC . The audit <br /> shall also provide a certification of Operating Revenues and Operating Expenses as <br /> defined in this Agreement for such Fiscal Year . The costs of such audit shall be borne by <br /> the County . <br /> 6 . 2 Other Records and Documents . <br /> PFPC shall provide all other records and documents , including minutes of the governing <br /> body , requested by County . Such documentation should be provided within thirty ( 30 ) <br /> days of County' s request . Privileged communications and confidential personnel <br /> information are not subject to this requirement . <br /> 7 . Indemnification and Insurance . <br /> 7 . 1 Indemnification . <br /> ( a ) PFPC SHALL DEFEND , INDEMNIFY AND HOLD HARMLESS THE COUNTY AND <br /> ITS OFFICIALS , DIRECTORS , OFFICERS , EMPLOYEES , AGENTS , CONTRACTORS , <br /> SUCCESSORS , AND ASSIGNS AGAINST ANY CLAIMS , CAUSES OF ACTION , <br /> COSTS , EXPENSES ( INCLUDING REASONABLE ATTORNEYS ' FEES ) LIABILITIES , <br /> OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ( 1 ) NEGLIGENT <br /> ACT , GROSSLY NEGLIGENT ACT OR OMISSION , OR WILLFUL MISCONDUCT , ON <br /> THE PART OF PFPC OR ANY OF ITS EMPLOYEES , OFFICERS , OR AGENTS IN THE <br /> PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT ; ( 11 ) BREACH <br /> BY PFPC OF ANY OF ITS REPRESENTATIONS , COVENANTS OR AGREEMENTS <br /> MADE HEREIN ; OR ( 11 ) THE ACTS OR OMISSIONS OF ANY GUESTS OR INVITEES <br /> OF PFPC . <br /> ( b ) The County shall , to the extent permitted by North Carolina law , and with respect to <br /> personal injury liability and property damage liability , to the extent covered by liability <br /> insurance maintained by the County from time to time , indemnify and hold harmless <br /> PFPC , its partners , officers , agents and employees from and against any claims , causes <br /> of action , costs , liabilities , or damages (for purposes of this subsection " Losses " ) arising <br /> from ( 1 ) a material default or breach by the County of its obligations specified herein , ( ii ) <br /> any known or apparent structural defect with respect to the Facility so long as County has <br /> been notified in writing of same by PFPC , save and except structural defects caused by <br /> the negligence or willful conduct of PFPC , its guests , or invitees , and ( iii ) any act or <br /> 9 <br />