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3. The County shall be named as an additional insured and it is required
<br />that coverage be placed with "A" rated insurance companies
<br />acceptable to the County. Statement should read, "Cabarrus
<br />County is to be added as an additional insured as evidenced by an
<br />endorsement attached to this certificate." Failure to maintain the
<br />required insurance in force may be cause for contract termination.
<br />In the event that the EDC fails to maintain and keep in force the
<br />insurance herein required, the County has the right to cancel and
<br />terminate the contract without notice.
<br />E. Indemnification. The EDC shall, to the fullest extent permitted by law,
<br />indemnify, defend, and hold harmless the County from and against any and all
<br />claims, liabilities, losses, damages, costs, or expenses, including, without
<br />limitation, reasonable attorney's fees, awards, fines, or judgments arising out
<br />of, or relating to any or all of the following:
<br />1. Inaccurate information or information known to the EDC relating to
<br />the Services provided to the County by the EDC and any and all
<br />actions, advice, decisions or judgments made or recommended to
<br />be made by the County in full or partial reliance thereon.
<br />2. Damages to persons, personal property, or the County caused by an act
<br />or omission of the EDC.
<br />3. All claims, suits, losses, injuries, death, and property liability,
<br />including, without limitation, expenses in connection with any
<br />such claim or suit, including reasonable attorney's fees, occurring
<br />in the performance of the proposed services.
<br />4. All claims and liabilities resulting from the EDC's violation of federal,
<br />state, or local statute, regulation, or ordinance.
<br />5. In the event that any good, service, or process sold and delivered or
<br />sold and performed hereunder shall be defective in any respect
<br />whatsoever, the EDC shall indemnify and save harmless the
<br />County from all loss or the payment of all sums of money by
<br />reason of all accidents, injuries, or damages to persons or property
<br />that shall happen or occur in connection with the use or sale of
<br />such good, service, or process and are contributed to by said
<br />condition.
<br />F. Intellectual Property. If any claim based upon alleged infringement of rights in
<br />any patent, copyright, trademark, or trade name is asserted against the County
<br />by virtue of the purchase of any good, service, or process hereunder, the EDC
<br />shall indemnify and hold the County harmless from all claims, demands, and
<br />legal obligations against the County in preparation or in defense of such
<br />claims, or in settlement thereof.
<br />Attachment number 1
<br />F -2 Page 43
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