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14. <br /> <br />15. <br /> <br />will not be Hable for loss of or breakage to food serving equipment, utensils, or meal <br />transport containers left at serving sites overnight. <br /> <br />The Caterer shah indemnify the Purchaser against any and all damages, including <br />attorney's fees and other costs of litigation caused by the negligent acts or omissions of <br />Caterer's agents or employees. <br /> <br />The Caterer will furnish needed food service training in sanitation, portion control, etc. <br />to Purchaser, site supervisors and volunteers at least once during the contract period if <br />requested. <br /> <br />The Caterer will be expected to provide a shelf stable product meal which meets the menu <br />pattern requirements and approval of the Purchaser and the NCDOA Nutritionist for use <br />as an emergency meal for inclement weather days and/or any of the scheduled holidays if <br />requested by the Program. These emergency meals must be of a type that will have a shelf <br />life of at least one month. <br /> <br />If requested by the Program, the Caterer will be expected to provide picnic meals which <br />meet the meal pattern including the minimum 113 RDA requirement. It is expected that <br />these meals would be consumed on the same day as served. <br /> <br />The Caterer shall abide by all state and local fire, health sanitation, and safety regulations <br />in aH stages of food service operations. Caterer must maintain a Grade A sanitation rating <br />from the Health Department in the county where the food preparation facility is located. <br />If the ranking drops below Grade A, the Program must be notified by the Caterer of the <br />rating change on the same day it occurs. The Caterer must make corrections within 20 days <br />and provide proof of the Grade A inspection to the Program. Failure to meet this <br />requirement will automatically terminate this Agreement. The Caterer must submit to the <br />Purchaser a copy of each health inspection during the contract period. <br /> <br />The Caterer assures that requirements for food handler permits and health examinations <br />are met. <br /> <br />The Caterer agrees to indemnify and carry insurance and'furnish documentation to <br />Purchaser certifying that the Caterer carries Workmen's Compensation and Occupation~! <br />Disease Insurance meeting the statutory requirements of the State of North Carolina and <br />Employer's Hability injury for an amount of not less than $100,000; Comprehensive General <br />Liability including coverage for personal injury hazards. Products and completed <br />operations and contractual Hability assumed under the indemnity provision of the contract <br />for limits of not less than $500,000 bodily injury Hability each occurrence/aggregate and <br />$250,000 property damage Hability each occurrence/aggregate. <br /> <br />Automobile bodily injury and property damage liability covering all owned, non-owned and <br />hired automobiles for limits of not less than $ 250,000 each person, $500,000 each occurrence <br />bodily injury liability and $250,000 each occurrence property damage liability. The Caterer <br />shah be responsible for aH fees, taxes, and licenses required to operate under this <br />Agreement. <br /> <br />The Purchaser and Caterer hereby waive any and aH rights or recovery from each other <br />for loss caused by perils defined in their respective fire, extended coverage and sprinkler <br />leakage insurance policies. <br /> <br />It is mutually agreed between the parties that neither party shah be held responsible to the <br />other for any losses resulting from its delay or failure to perform to the extent that the <br />party is delayed or prevented by federal, state or municipal action; war, revolution, riot, <br />or other disorder; strike, fire, flood, act of God, or without limiting the foregoing, by and <br />other cause not within the control of the part whose performance is interfered with, and <br />which, by the exercise of reasonable diligence, the party is unable to prevent whether of <br /> <br />6 <br /> <br /> <br />