AG 1992 06 01 - Laserfiche WebLink

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Page 9 of 10 CONTRACT FOR FOOD SERVICES 15. Caterer assures that rec~,irements for food handler permits and health examinations are met. Caterer agrees to indemnify and carry insurance and furnish documentation to Purcba-~_r certifying that Caterer carries Workmen's Compensation and Occupational Disease Insurance meeting the statutory requirements of the State of North Carolina and Employer's liability injury for an amount of not less than $100,000; Comprehensive General Liability including coverage for personal injury hazards. Products and c~leted operations and contractual liability assumed under the indemnity provision of the contract for limits of not less than $500,000 bodily injury liability each occurrence/aggregate and $250,000 property d~mage liability each occurrence/aggregate. Automobile bodily injury and property damage liability covering all owned, non-owned and h~red automobiles for limits of not less than $250,000 each person, $500,000 each occurrence bodily injury liability and $250,000 each occurrence property d~mage liability. Caterer shall be responsible for all fees, taxes, and licenses required to operate under this Agreement. Purchaser and Caterer hereby waive any and all rights or recovery from each other for loss caused by perils defined in their respective fire, extended coverage and sprinkler leakage insurance policies. It is mutually agreed between the parties that neither party shall be held responsible to the other for any losses resulting from its delay or failure to perform to the extent t_hat the party is delayed or prevented by federal, state or municipal action; war, revolution, riot, or other disorder; strike, fire, flood, act of God, or without limiting the foregoing, by any other cause not within the control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, the party is ur~hle to prevent whether of the class of causes herein before enumerated or not. T~%TION FOR CAUSE: In the event of any breach or default by Purchaser or Caterer of the terms and conditions of this Agreement, the party not in default shall give written notice to both the party in default or breach and to Centralina Council of Governments. If within fifteen (15) days after is~:ance of such notice the party in default shall have failed to cure such default, ~ IN THAT EViAn, the party not in default may terminate this Agreement. Except if the Caterer should fail to deliver meals for a consecutive three (3) day period or cannot meet the three hour limit for delivery after preparation, or should any person eating meals prepared under this contract become ill as a result of food poisoning attribu~%ble to the negligence of the Caterer, as determined by Public Health Officials, then such action shall be d~med on-performance and shall be justification for immediate cancellation of this Agreement.