2010-005 Health - Orange County Schools & Health Department for School Nurses

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i School Nursing Services Agreement Orange County Schools Orange County Health Department Fiscal Year 2010-2011 Page 4 of S the terms of this Agreement unless stated to be such in writing, signed by an authorized representative of the County and the School. 10. Intent to be Bound. The parties have read this Agreement, including the Memorandum of Agreement attached and any amendments hereto, and agree to be bound by all of its terms, and further agree that the documents constitute the complete and exclusive statement of the Agreement between the parties. 11. Governing Law. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 12. Non-Appropriation. School acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to School of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to School of such limitation or change in County's legal authority. 13. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Health Department Orange County Schools Attention: Director Contact Person P.O. Box 8181 Address Hillsborough, NC 27278 14. Entire Agreement. This Agreement represents the entire and integrated agreement between. the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed on the signature page affixed to this Agreement. SAManagers Working FEies\Contracts\SCHOOL CONTRACTSIOCS Contract FY 1112010-11 Contract for OCS Nursing Services- county attorney spproved.doc