Orange County NC Website
Browse       Search
10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, <br />the remainder of this Agreement shall be valid and binding upon the Parties. <br />10.7 <br />10.8 <br />Ownership of Deliverables <br />10.7:1 All Deliverables, together with all supporting materials, source documentation, <br />data collected, field notes, and working drafts, developed in the performance of <br />this Agreement shall become the property of the County and may be used on any <br />other project without additional compensation to the Consultant. The use of the <br />Deliverables by the County or by any person or entity for any purpose other than <br />the Project as set forth in this Agreement shall be at the full risk of the County. <br />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 <br />authority of its statutory mandate. Iri the event that public funds are unavailable <br />and not appropriated for the performance of County's obligations under this <br />Agreement, then this Agreement shall automatically expire without penalty to <br />County immediately upon written notice to Consultant of the unavailability and <br />non-appropriation of public funds. It is expressly agreed that County shall not <br />activate this non-appropriation provision for its convenience or to circumvent the <br />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 <br />mandated functions, by state and/or federal legislative or regulatory action, which <br />adversely affects County's authority to continue its obligations under this <br />Agreement,. then this Agreement shall automatically terminate without penalty to <br />County upon written notice to Consultant of such limitation or change in County's <br />legal authority. <br />10.9 <br />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 <br />Attention: Tax Administrator <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />Patricia Smith <br />4816 Efland Cedar Grove Road <br />Hillsborough, NC 27278 <br />[SIGNATURE PAGE TO FOLLOW] <br />6 <br />