Orange County NC Website
SECTION 20 <br />Indemni <br />Contractor agrees to defend, indemnify, and hold harmless the County from all loss, liability, claims or <br />expense (including reasonable attorneys' fees) arising fram bodily injury, including death or property <br />damage, to any person or persons caused in whole or in part by the negligence or willfiil misconduct of <br />Contractor except to the extent same are caused by the negligence or ixusconduct by the County. The <br />County agrees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all <br />loss, liability, claims or expense (including death err property damage, to any person err persons caused in <br />whole err in parr by the negligence or willful misconduct of the County except to the extent same are caused <br />by the negligence or misconduct by Contractor. <br />Special Requirements <br />The Contractor's insurance company is to submit a Certificate of;nviran~ that the County of Oran a is <br />to be named as a certificate holder on the automobile and comprehensive g ability policies in lien of being <br />named as an additional insiued. <br />Current valid insuuance policies meeting the requiresnexrts herein identified shall be maintained for the duration of <br />the named project. There also shall be a 30 day notification to the Caunt)- in event of cancellation of coverage or <br />modification of arty stipulated insurance coverage. Actual insurance pohaes or copies certified by an individual <br />authorized by the insurance Company meeting the required insurance provisions shall be forwarded to the <br />County. <br />It shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurazxe <br />recluiremerns as the general for. If the contractor does not meet the insurance regiriremeirts, alternate <br />insurance coverage satisfactory to the County may be considered. <br />SECTION 21 <br />Termination <br />(a) In the event Contractar materially defaults in the perforrnarice of arty of the material covenants or <br />agreernecrts to be kept, done err performed by it under the teens of this Agireemeut, the Courrty shall <br />notify Contractor in waiting of the nature of such default. Within 15 days following such notice: <br />1. Cantr~actor shall correct the default; or <br />2. In the event of a default not Capable of being corrected within 15 days, Contractor shall <br />commence correctiurg the default within 15 days of the County's notification thereof and <br />thereafter corxecr the default with due diligence. <br />(b) If Contractor ~ to correct the defatilt as provided above, the County, without further entice, shall have <br />all ofthe following rights and reanedies, which the County may exercise: <br />1, The right to declare that this Agreement, together with all ri~s gratrted Contractor <br />herginder, is terminated effective upon such date as County designate; <br />2. The right to license others to perfarm the services otherwise to be performed by <br />Contractor, or to perform such services itself, and <br />3. In the event of a default not capable of being corrected because of damage to the <br />Froc~essing Center, due to force majeure, the Cowriy may provide Contractor with a <br />suitable temporary location for conducting processing sen+ices. <br />