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STATE OF NORTH CAROLINA <br />CABARRUSCOUNTY <br />11) Hold Harmless <br />The Contractor does hereby indemnify and hold the County free and harmless <br />from liability on account of injury or damage to persons or property which may result <br />from the negligent conduct or operations arising out of the business of collection, removal <br />and transportation of tires in accordance with the terms of this contract; and, in the event <br />that any suit or proceeding is brought against the County at law or in equity, either <br />independently orjointly with the Contractor, or either of them, on account of such <br />negligent acts, the Contractor will defend the County in any such suit or proceeding at the <br />cost of the Contractor, and in the event of a final judgment of decree being brought <br />against either of them, the Contractor will pay such judgment or comply with such decree <br />with all costs and expenses of whatsoever nature and hold the County hamxnless <br />therefrom. <br />12) Disputes <br />Any matter that arises hereunder that cannot be settled in negotiations between the <br />parties hereto shall be handled according to the laws, legal processes and courts of the <br />State of North Carolina. Any final decision therefrom shall be valid and binding upon the <br />parties hereto and enforceable at law. Venue for any action arising out of this contract <br />shall be the general court of justice, County of Cabarrus, N.C. <br />13) Miscellaneous <br />13.1) Contractor agrees to be an equal opportunity employer and not discriminate <br />based on race, religion, or sex. <br />13.2) This Contract may be changed only by agreement in writing and signed by <br />both parties hereto. <br />13.3) This Contract embodies the entire contract between the parties and <br />supersedes any prior agreements and understanding, oral and/or written. <br />13.4) This Contract may be executed simultaneously in two or more counterparts, <br />each of which shall be deemed an original. <br />13.5) This Contract shall be governed by the laws of the State of North Carolina. <br />13.6) The sections and heading in the Contract are for reference purposes only and <br />shall not affect in any way the meaning of this Contract or any part herein. <br />Attachment number 1 \n <br />F-6 Page 68 <br />