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8 <br />OCHD Preparedness Agreement <br />With Person County HD <br />FY 08-09 <br />VI. CANCELLATION <br />This Agreement may be cancelled by Provider upon ten (10) days written <br />notice to the County, and the County may terminate this agreement upon ten (10) <br />days written notice to Provider. In the event that funding through the NC Division <br />of Public Health is reduced or discontinued, written notice will be provided by <br />each county to the other of the intent to continue or discontinue. <br />VII. INSURANCE REQUIREMENTS <br />Provider shall obtain, at his sole expense, all insurance as required by the <br />County's Risk Manager and shall not commence work until such insurance is in <br />effect and certification thereof has been received by the County's Risk Manager. <br />Such insurance shall name the County as Additional Insured under both General <br />Liability and Auto Liability policies. The Provider will ensure that appropriate <br />professional liability insurance is in place for the PC. <br />VIII. 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 or property damage, to any person or persons <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 Provider to indemnify the County to <br />the extent permitted under North Carolina law. <br />IX. NON-ASSIGNMENT <br />Provider shall not assign this Agreement, including rights to payments, to <br />any other party without the prior written consent of the 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. <br />XI. GOVERNING LAW <br />Both parties agree that this Agreement shall be governed by the laws of <br />the State of North Carolina. <br />XII. INTERPRETATION. <br />When the context in which words are used in this Agreement indicates <br />that such is the intent, words shall in the singular number shall include the plural <br />and vice versa. The masculine gender shall include the feminine and neuter. <br />IN WITNESS WHEREOF, the County and the Provider have executed and <br />entered into this Agreement as of the day and year first above written. <br />Page 6 of 7 <br />