Orange County NC Website
4 <br />5. <br />6. <br />A. <br />1. <br />A. <br />B. <br />2. <br />3. <br />4. <br />1. <br />statement of account. If it objects to the changed price or fuel surcharge, Customer shall notify the <br />Contractor in writing within thirty (30) days after the date of first notification of the change or <br />surcharge. In the absence of such objection, the price change shall be deemed accepted by the <br />Customer and shall be considered by the parties as a binding modification to this Agreement, and this <br />Agreement, as so modified, shall remain in full force and effect. If the Customer timely objects, then <br />the Contractor reserves the right to continue this Agreement in full force and effect without any price <br />changes or fuel surcharge. <br />Termination, Remedies. <br />This Agreement may be terminated by Contractor at any time in the event of a breach or a failure to <br />comply with any covenant, term, or condition of this Agreement, but only after the Contractor has <br />provided written notice of such breach or failure to comply and the same remains uncured for (i) seven <br />(7) days after the Customer gives such notice in the event of nonpayment of amounts due hereunder, or <br />(ii) thirty <br />(30) days after Contractor gives such notice in the event of any other breach hereunder. Any amounts <br />due pursuant to this Agreement at the time of cancellation will be due upon receipt of the aforementioned <br />notice, including but not limited to any retainer. In the event of termination by Contractor, Contractor <br />may, in addition to any other remedy it may have by contract, at law or in equity, immediately cease <br />performing Services. <br />Insurance. <br />Customer shall maintain at all times during the term hereof general liability insurance in occurrence <br />form with an insurance company or companies qualified to write such insurance in the state(s) where the <br />Location or Locations, as the case may be, are located, with limits not less than One Million Dollars <br />($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate. <br />Customer shall give notice to Contractor at least thirty (30) days prior to any cancellation, termination <br />or amendment of any such insurance policy. <br />Cooperation in the Event of a Claim. In the event that Customer becomes aware of any alleged claim <br />of injury or damage arising out of the performance of the Services, Customer shall give the other party <br />written notice within two (2) business days thereafter, stating the details of the incident sufficient to <br />identify, if possible, the persons involved, the location and circumstances of the incident, and the <br />names, addresses, and telephone numbers of available witnesses. Customer shall cooperate with <br />Contractor and any involved subcontractors in good faith in the handling of such claims, including any <br />lawsuits or other proceedings, and in enforcing any right of contribution or indemnity. <br />Limitation of Liability. In no event shall Contractor be liable for any special, consequential, <br />incidental, punitive, or exemplary damages or losses of any kind whatsoever arising out of this <br />Agreement. <br />Non-Solicitation. During the term of this Agreement and for a period of two years thereafter, Customer <br />(nor any person or entity having any relation to the directors, owners, or officers of Customer) <br />shall not directly or indirectly entice, encourage or make any offer to employ, hire, perform work for, <br />or contract with: (i) any current employee, agent, subcontractor, franchisee, independent contractor of <br />Contractor; or (ii) any person who acted as an employee, agent, franchisee, subcontractor, or <br />independent contractor of any franchisee or subcontractor of Contractor. <br />Confidentiality. The parties acknowledge and agree that they may receive certain confidential <br />information from the other party, including but not limited to, the programs, protocols, pricing, <br />Docusign Envelope ID: 7BD29372-9C57-444E-BCFB-08BC7A7C8303