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17 <br />things by the County or by any person or entity for any purpose other than the Project as <br />set forth in this Agreement shall be at the full risk of the County. <br />g. Non-Anyronriation. Provider acknowledges that County is a govermnental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. <br />In the event that public funds are unavailable and not appropriated for the performance of <br />County's obligations under this Agreement, then this Agreement shall automatically <br />expire without penalty to County immediately upon written notice to Provider of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that County <br />shall not activate this non-appropriation provision for its convenience or to circumvent <br />the requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br />In the event of a change in the County's statutory authority, mandate and/or mandated <br />functions, by state andlor federal legislative or regulatory action, which adversely affects <br />County's authority to continue its obligations under this Agreement, then this Agreement <br />shall automatically terminate without penalty to County upon written notice to Provider <br />of such limitation or change in County's legal authority. <br />h. Notices. Any notice required by this Agreement shall be in writing and delivered by <br />certified or registered mail, return receipt requested to the following: <br />Provider's Name & Address <br />Orange County Clarion Associates <br />Attention: 101 Market Street Suite D <br />P.O. Box 8181 Chapel Hill, NC 27516 <br />Hillsborough, NC 27278 <br />IN WITNESS WHEREOF, the Parties, by and tluough their authorized agents, have <br />hereunder set their hands and seal, all as of the day and year first above written. <br />PROVIDER: <br />ORANGE COUNTY: <br />By: <br />Valerie Foushee, Chair <br />Orange County Board of Commissioners <br />By: <br />Prnxted Nmrze arut Trtle <br />Federal Tax ID #: <br />Attest: <br />Donna Baker, Clerk to the Board <br />[SEAL] <br />Revised February 2010 <br />