Orange County NC Website
Page 2 of 6 <br /> <br />4. Insurance: Provider shall obtain, at its sole expense, Commercial General <br />Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional <br />insurance as may be required by County’s Risk Manager as such insurance requirements are described in <br />the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements <br />(each document is incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk <br />Manager determines additional insurance coverage is required such additional insurance shall be <br />designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider <br />shall not commence work until such insurance is in effect and certification thereof has been received by <br />the County's Risk Manager. <br /> <br />5. Indemnity: To the extent authorized by North Carolina law the Provider agrees, <br />without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, <br />claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from <br />bodily injury, including death, to any person or persons or damage to or destruction of any property <br />caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in <br />carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement . It <br />is the intent of this provision to require the Provider to indemnify the County to the fullest extent <br />permitted under North Carolina law. <br /> <br />6. Termination: This Agreement may be terminated at any time by mutual written <br />agreement of the parties or by the County upon written notice to the Pro vider. County may suspend this <br />Agreement upon reasonable notice to Provider. <br /> <br />7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be <br />bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br />Agreement between the parties unless and until modified in writing and signed by the parties. <br />Modifications may be evidenced by telefacsimile signature. This Agreement together with any <br />amendments or modifications may be executed electronically. All electronic signatures affixed hereto <br />evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply <br />with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> <br />8. Governing Law and Priority: Both parties agree this Agreement is governed by the laws <br />of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with <br />all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and <br />federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- <br />Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is <br />incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this <br />requirement is a breach of this Agreement and County may immediately terminate this Agreement <br />without further obligation on the part of the County. This paragraph is not intended to limit and does not <br />limit the definition of breach to discrimination. By executing this Agreement Provider certifies that <br />Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, <br />on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement <br />Provider certifies that Provider has not been identified, and has not utilized the services of any agent or <br />subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By <br />executing this Agreement Provider affirms Provider is and shall remain in compliance with Ar ticle 2 of <br />Chapter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be <br />attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among <br />the terms of such referenced documents, exhibits. <br />Docusign Envelope ID: BC888588-768D-4D0B-BFC4-A5A65CCBA4B6