Orange County NC Website
DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 16 <br /> conducted by an independent third parry at the expense of the County. Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of the <br /> work. If any such tests and inspections reveal deficiencies in the Work such that the Work does <br /> not comply with terms or requirements of the Contract Documents and/or the requirements of <br /> any code or law the Provider is solely responsible for the cost of bringing such deficiencies into <br /> compliance with the terms of the Contract Documents and/or any code or law. <br /> d. Should the County reject any portion of the Work for failing to comply with the Contract <br /> Documents, Provider shall immediately, at Provider's expense, correct the Work. Any such <br /> rejection may be made before or within one year after substantial completion. <br /> e. Installation Fee: Provider is encouraged not to charge an installation fee,but at no time will the <br /> fee be more than$75 per premise. <br /> 22. INDEMNITY <br /> a. To the extent authorized by North Carolina law, the Provider agrees, without limitation, to <br /> defend,indemnify and hold harmless the County from all loss,liability,demands,claims,causes <br /> of actions, suits, judgments, and costs and expenses incidental thereto, (including, without <br /> limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable <br /> attorneys' fees), arising out of or related to the Scope of Services and arising from challenges to <br /> the authority and making of this agreement. It is the intent of this provision to require the <br /> Provider to indemnify the County to the fullest extent permitted under North Carolina law. <br /> 23. CONSEQUENTIAL DAMAGES <br /> a. County and Provider mutually waive any claim against each other for consequential damages. <br /> Consequential Damages include: <br /> (i) Damages incurred by County for loss of use, income, financing, or business. <br /> (ii) Damages incurred by Provider for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> 24. INSURANCE <br /> During the term of this Agreement Provider will maintain the following insurance levels: <br /> Workers' Compensation Insurance,with limits for Coverage A Statutory- State of North Carolina and <br /> Coverage B Employers Liability $500,000 bodily injury, $500,000 bodily injury by disease, and <br /> $500,000 by disease policy limit. <br /> Commercial general liability of not less than$2,000,000 General Aggregate Limit(Other than <br /> Products-Completed Operations), $2,000,000 Products-Completed Operations Aggregate Limit, <br /> $1,000,000 Personal and Advertising Injury Limit, $1,000,000 Each Occurrence Limit, and$100,000 <br /> Fire Damage Limit, and shall not contain an exclusion for contractual liability. <br /> For automobile liability the limits shall not be less than$1,000,000 each person, $1,000,000 each <br /> occurrence of bodily injury liability, and$1,000,000 each occurrence of property damage liability, <br /> 14 <br />