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E <br />entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk <br />of the County. <br />10.8 Non - Appropriation <br />10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of <br />this Agreement is based upon the availability of public funding under the authority of its <br />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 expire <br />without penalty to County immediately upon written notice to Consultant of the unavailability <br />and non - appropriation of public funds. It is expressly agreed that County shall not activate this <br />non - appropriation provision for its convenience or to circumvent the requirements of this <br />Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. <br />In the event of a change in the County's statutory authority, mandate and/or mandated functions, <br />by state and/or federal legislative or regulatory action, which adversely affects County's <br />authority to continue its obligations under this Agreement, then this Agreement shall <br />automatically terminate without penalty to County upon written notice to Consultant of such <br />limitation or change in County's legal authority. <br />10.9 Notices <br />10.9.1 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 />Orange County Solid Waste Department HDR Engineering, Inc. of the Carolinas <br />Attention: Gayle Wilson Attention: Robert Rella <br />P.O. Box 17177 440 South Church Street, Suite 1000 <br />Chapel Hill, NC 27516 Charlotte, NC 28202 -1919 <br />10.10 Term of Agreement <br />10.11 The Effective Date of this Agreement shall be June 10, 2010. <br />10.12 The term of this Agreement is three (3) years, commencing on the Effective <br />Date. At the time of the Agreement's expiration, the County and the Consultant may renew said <br />Agreement for a term of two (2) additional two -year periods. <br />Revised April 2010 <br />7 <br />