• Umbrella $1,000,000 per occurrence/ $2,000,000 aggregate (N /A)
<br />Contractor shall provide the County with a Certificate of Insurance for review prior to the issuance of any
<br />Contract or Purchase order. All Certificates of Insurance will require thirty (30) days written notice by the insurer
<br />or Contractor's Agent in the event of cancellation, reduction or other modifications of coverage. In addition to the
<br />notice requirement above, Contractor shall provide to the County immediate written notice of cancellation,
<br />reduction, or other modification of coverage of insurance. Upon failure of the Contractor to provide such notice,
<br />Contractor assumes sole responsibility for all losses incurred by the County for which insurance would have
<br />provided coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be
<br />renewed by the Contractor for each subsequent renewal period of the Contract.
<br />The County shall be named as an additional insured and it is required that coverage be placed with "A"
<br />rated insurance companies acceptable to the County. Failure to maintain the required insurance in force may be
<br />cause for Contract termination. In the event that Contractor fails at any time to maintain and keep in force the
<br />required insurance, the County has the right to cancel and terminate the Contract without notice.
<br />8. Performance of Work by County If the Contractor fails to perform the Services in accordance
<br />with the schedule referred to in Exhibit A, the County may, in its discretion, perform or cause to be performed
<br />some or all of the Services, and doing so shall not waive any of the County's rights and remedies. Before doing so,
<br />the County shall give the Contractor reasonable notice of its intention. The Contractor shall reimburse the County
<br />for all costs incurred by the County in exercising its right to perform or cause to be performed some or all of the
<br />Services pursuant to this section.
<br />9. Notice All notices and other communications required or permitted by this Contract shall be in
<br />writing and shall be given either by personal delivery, fax, or certified United States mail, return receipt requested,
<br />addressed as follows:
<br />To the County
<br />Sherri Barnhardt, CLGPO, CPPB
<br />Contract Administrator
<br />Cabarrus County Finance Dept.
<br />PO Box 707
<br />Concord, NC 28026 -0707
<br />To the Contractor
<br />Atlas Food Systems and Services, Inc.
<br />205 Woods Lake Road
<br />Greenville, NC 29607
<br />10. Indemnification To the maximum extent allowed by law, the Contractor shall defend,
<br />indemnify, and save harmless the County, its agents, officers, and employees, from and against all charges that arise
<br />in any manner from, in connection with, or out of this Contract as a result of the acts or omissions of the
<br />Contractor or subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, except for damage or injury caused solely by the negligence of the County, its agents,
<br />officers or employees. In performing its duties under this section, the Contractor shall at its sole expense defend
<br />the County, its agents, officers and employees with legal counsel reasonably acceptable to County. As used in this
<br />subsection — "charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations,
<br />fines, penalties, royalties, settlements, expenses, interest, reasonable attorneys fees, and amounts for alleged
<br />violations of sedimentation pollution, erosion control, pollution or other environmental laws, regulations,
<br />ordinances, rules or orders. Nothing in this section is in addition to and shall be construed separately from any
<br />other indemnification provision that may be in this Contract. This section shall remain in force despite termination
<br />of this Contract (whether by expiration of the term or otherwise) and termination of the Services of the Contract.
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<br />Attachment number 1
<br />F -9 Page 225
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