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Section 7. Insurance and Endorsements. <br /> a. The County may require through a request in writing that the Funding Recipient <br /> provide the County with a certificate, binder, or policy of liability insurance, <br /> acceptable to the County in an amount specified by the County. <br /> b. Such liability insurance shall be such as will protect Funding Recipient, its <br /> employees, agents and representatives, from all claims, losses, harm, costs, <br /> liabilities, damages and expenses arising out of personal injury (including death) or <br /> property damage that may result from performance of the Services or this <br /> Agreement, whether such performance is by Funding Recipient or any of its <br /> employees, agents or representatives. <br /> c. Should the County require such liability insurance, the Funding Recipient agrees to <br /> provide proof of insurance prior to commencing performance of this Agreement. <br /> d. Copies of the County's written request and the insurance documents provided by <br /> Funding Recipient shall be attached to this Agreement and by this reference will be <br /> made part hereof. <br /> e. Where insurance is requested by the County, all liability insurance policies shall be <br /> endorsed to include the County as an Additional Insured and shall stipulate that the <br /> insurance afforded by the policies shall be primary insurance, and that any <br /> insurance, self-insured retention, deductibles, or risk retention trusts maintained or <br /> participated in by the Parties shall be excess and not contributory to any other <br /> insurance maintained by the County. Funding Recipient shall furnish the County a <br /> certificate of insurance with Endorsement as evidence that the required policies are <br /> in full force and effect. <br /> Section 8. Termination. <br /> The County may, by written notice thereof to Funding Recipient, terminate this Agreement <br /> as to all or any portion of the Services not yet performed, whether or not Funding Recipient <br /> is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, <br /> except as otherwise directed by the County, immediately stop performing the Services to <br /> the extent specified in the notice. In the event the County terminates the Funding <br /> Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the <br /> County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of <br /> the date of the notice of termination. <br /> Section 9. Miscellaneous. <br /> a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this <br /> Agreement or any right or interest in this Agreement without the County's prior <br /> written consent. <br /> b. This Agreement embodies the entire Agreement between the County and Funding <br /> Recipient, and supersedes any and all prior oral or written communications, proposals, <br /> conditions, promises, representations, or understandings regarding the Services. No <br /> Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement <br /> 5 <br />