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9. Notice. All notices and other communications required or permitted by
<br />this Contract shall be in writing and shall be given either by personal
<br />delivery, fax, or certified United States mail, return receipt requested,
<br />addressed as follows:
<br />To the County:
<br />John D. Day
<br />County Manager
<br />PO Box 707
<br />Concord, NC 28026
<br />To the Contractor:
<br />Richard M. Koch
<br />County Attorney
<br />3220 Prosperity Ch. Rd.
<br />Suite 201
<br />Charlotte, NC 28269
<br />Genesis ... A New Beginning
<br />11 Union St. South
<br />Suite 212
<br />Concord, NC 28025
<br />Attn: Terry M. Wise & Donna B. Wise
<br />10. Indemnification. To the maximum extent allowed bylaw, the
<br />Contractor shall defend, indemnify, and save harmless the County, its
<br />agents, officers, and employees, from and against all charges that arise in
<br />any manner from, in connection with, or out of this Contract as a result of
<br />the acts or omissions of the Contractor or subcontractors or anyone
<br />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
<br />the negligence of the County, its agents, officers or employees. In
<br />performing its duties under this section, the Contractor shall at its sole
<br />expense defend the County, its agents, officers and employees with legal
<br />counsel reasonably acceptable to the County. As used in this subsection
<br />— "charges" means claims, judgments, costs, damages, losses, demands,
<br />liabilities, duties, obligations, fines, penalties, royalties, settlements,
<br />expenses, interest, reasonable attorneys fees, and amounts for alleged
<br />violations of sedimentation pollution, erosion control, pollution or other
<br />environmental laws, regulations, ordinances, rules or orders. Nothing in
<br />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
<br />shall remain in force despite termination of this Contract) whether by
<br />expiration of the term or otherwise) and termination of the Services of the
<br />Contract.
<br />11. Bankruptcy. If any bankruptcy or insolvency proceedings are
<br />commenced against Contractor and are not dismissed within sixty (60)
<br />days after service of such proceeding on Contractor, or if Contractor shall
<br />file a petition in bankruptcy or for reorganization or to effect a plan or
<br />other arrangement with creditors, or be adjudicated bankrupt or make an
<br />assignment for the benefit of creditors, or be dissolved or liquidated, or
<br />shall admit in writing its inability to pay its debts generally as they become
<br />due, or a receiver, trustee or liquidator of Contractor or if all or
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<br />Attachment number 1
<br />Page 59
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