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5 <br />d. The titles of the sections, subsections, and paragraphs set forth in <br />this Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of the provisions of this Agreement. <br />e. This Agreement and any additional or supplementary document or <br />documents incorporated herein by specific reference contain all the terms and <br />conditions agreed upon by the parties hereto, and no other agreements, oral or <br />otherwise, regarding the subject matter of this Agreement or any part thereof <br />shall have any validity or bind any of the parties hereto. <br />f. Neither party shall be liable hereunder by reason of any failure or <br />delay in the performance of its obligations hereunder on account of strikes, <br />shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of <br />God, war, governmental action, labor conditions, material shortages or any other <br />cause which is beyond the reasonable control of such party. <br />g. Each individual signing this Agreement certifies that (i) he or she is <br />authorized to sign this Agreement on behalf of his or her respective organization, <br />(ii) such organization has obtained all necessary approvals to enter into this <br />Agreement, including but not limited to the approval of its governing board, and <br />(iii) when executed, this Agreement is a valid and enforceable obligation of such <br />organization. <br />h. If this Agreement requires performance and appropriations for payment for <br />services in future fiscal years, the validity of this contract is based upon the availability of <br />public funding under the statutes delegating the County its powers. In the event that the <br />County's enabling legislation is changed so as to prohibit the activities contemplated by this <br />contract or should public funds become unavailable and not appropriated for the continuation <br />of this contract, the parties' obligations hereunder will automatically expire without penalty <br />ten (10) days after written notice to the Provider of such occurrence. It is understood that <br />the County will not exercise this provision for its convenience, but only as an emergency <br />fiscal measure. <br />IN WITNESS WHEREOF, the Client and the Consultant have executed this <br />Agreement as of the date first written below. <br />By: <br />(Client Official) <br />Title: <br />ATTEST: <br />Date: <br />MAXIMUS Consulting Services, Inc. <br />4 <br />