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6 <br />If the Provider does not meet the insurance requirements of the <br />specifications, alternate insurance coverage satisfactory to Orange County may <br />be considered. Nothing in this section is intended to affect or abrogate the <br />County's sovereign immunity defenses. <br />VII. INDEMNIFICATION <br />Provider agrees to defend, indemnify, and hold harmless the County, for <br />all loss, liability, claims or expense (including reasonable attorney's fees) arising <br />from bodily injury, including death, to any person or persons or property damage <br />caused in whole or in -part by the negligence or misconduct of the Provider, <br />except to the extent same are caused by the negligence or willful misconduct of <br />the County. <br />It is the intent of this section to require the Provider to indemnify the <br />County to the extent permitted under North Carolina law. <br />VIII. NON-ASSIGNMENT <br />Provider shall not assign all or any portion of this Agreement, including <br />rights to payments, to any other party without the prior written consent of the <br />County. <br />IX. ENTIRE AGREEMENT <br />The parties have read this Agreement and agree to be bound by all of its <br />terms, and further agree that it constitutes the complete and exclusive statement <br />of the Agreement between the parties unless and until modified in writing and <br />signed by the parties. Modifications may be evidenced by telefacsimile <br />signatures. <br />X. GOVERNING LAW <br />Both parties agree that this Agreement shall be governed by the laws of <br />the State of North Carolina. <br />ORANGE COUNTY, NORTH CAROLINA ANIMALKIND <br />By: <br />By: <br />Barry Jacobs, Chair, Board of Beth Livingstone, Executive <br />Director <br />County Commissioners <br />Date: Date: <br />(Mailing Address) <br />