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221 E. Lane Street P.O. Box 8181 <br />Ralei , NC 27601 Hillsborou , NC 27278 <br />919-733-1523 919-245-2840 <br />Fax: 919-733-2422 <br />Either Party may change the name, address, telephone number fax number, or email by giving <br />timely written notice to the other Party. <br />4. Availability of Funds The Parties agree and understand that the payment of the sums from OERI to <br />Recipient specified in this Agreement is dependent and contingent upon and subject to the <br />appropriation, allocation, and availability of funds for this purpose to OERI. Recipient understands <br />and acknowledges that any and all payment of funds or the continuation thereof is contingent upon <br />funds provided solely by ARRA or required state matching funds. <br />5. Survival of Promises. All promises, requirements, terms, conditions, provisions, representations, <br />guarantees, and warranties by Recipient contained herein shall survive the contract expiration or <br />termination date unless specifically provided otherwise herein. <br />6. Time of the Essence. Time is of the essence in the performance of this Agreement. This Grant <br />Agreement will expire on August 31, 2012. <br />7 Controllin Law. This Agreement shall be governed by and construed in accordance with the <br />laws of the State of North Carolina, not inconsistent with applicable federal laws and regulations, <br />except that the Parties agree that no terms, provisions or language in this Agreement shall be presumed <br />or construed against any other Party based on its involvement in the drafting of this Agreement: <br />8 Future Coo eration. The Parties agree to cooperate fully with one another, to execute any and all <br />supplementary instruments and/or agreements that may be necessary or helpful to give full force and <br />effect to the terms of this Agreement and to the Parties' intentions in entering this Agreement. <br />9. Severabilitv. Each provision of this Agreement is intended to be severable and, if any provision <br />of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforceability shall not affect or impair any other provision of this Agreement, but this Agreement <br />shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. <br />[SIGNATURES ON NEXT PAGE] <br />Orange County <br />Grant Award Agreement, p. 11 <br />