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CONTRACT FOR FOOD SERVICES <br /> <br />Page 9 of 10 <br /> <br />15. <br /> <br />Caterer assures that re~:~rements for food handler permits and <br />health exam/nations are met. <br /> <br />Caterer agrees to indemnify and carry ~ and furnish <br />documentation to Purcba.~er certifying that Caterer carries <br />Workmen's C~.~ensation and Occupational Dis~-~e Insurance n~cting <br />the statutory rec~,~ements of the State of North Carolina and <br />Employer's liability injury for an amount of not less than <br />$100,000; Comprehensive General Liability including coverage for <br />personal injury hazards. Products and c~pleted operations and <br />contractual liability assumed under the indemnity provision of the <br />contract for limits of not less than $500,000 bodily injury <br />liability each occurrence/aggre~/ate and $250,000 property damage <br />liability each occurrence/aggregate. <br />Automobile bodily injury and property damage liability covering all <br />owned, non-owned and h~red automobiles for limits of not less than <br />$250,000 each person, $500,000 each occurrence bodily injury <br />liability and $250,000 each occurrence property damage liability. <br />Caterer shall be responsible for all fees, taxes, and licenses <br />re~,~red to operate under this Agreement. <br /> <br />Purcba.~_r and Caterer hereby waive any and all rights or recovery <br />from each other for loss caused by perils defined in their <br />respective fire, extended coverage and sprinkler leakage <br />insurance policies. <br /> <br />It is mutually agr~ between the parties that neither party <br />shall be held responsible to the other for any losses resulting <br />from its delay or failure to perform to the extent that the party <br />is delayed or prevented by federal, state or municipal action; <br />war, revolution, riot, or other disorder; strike, fire, flood, <br />act of God, or without limiting the foregoing, by any other cause <br />not within the control of the party whose performance is <br />interfered with, and which, by the exercise of reasor~hle <br />diligence, the party is unable to prevent whether of the class of <br />causes herein before enumerated or not. <br /> <br />TERMINATION FOR CAUSE: In the event of any breach or default by <br />Purcha~=_r or Caterer of the terms and conditions of this <br />Agreement, the party not in default shall give written notice to <br />both the party in default or breach and to Centralina Council of <br />Goverr~nts. If within fifteen (15) days after issuance of such <br />notice the party in default shall have failed to cure such <br />default, ~ IN THAT EV~Ff, the party not in default may <br />terminate this Agreement. <br /> <br />Except if the Caterer should fail to deliver m~als for a <br />consecutive three (3) day period or cannot ~t the three hour <br />limit for delivery after preparation, or should any person <br />eating meals prepared under this contract become ill as a result <br />of food poisoning attributable to the negligence of the caterer, <br />as determined by Public Health officials, then such action shall <br />be deemed~__ on-performance and shall be justification for immediate <br />c~__ncellation of this ~reement. <br /> <br /> <br />