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without additional compensation to the Provider. The use of the documents, items or <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-Appropriation. Provider acknowledges that County is a governmental 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 and/or 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. Proprietary Information. Provider acknowledges that County is a North Cazolina local <br />governmental entity and as-such is subject to North Carolina Public Records Laws. In <br />the event Provider claims that information, records, documents, or things created for, <br />used in, or related to the performance of this Agreement are Proprietary in nature and <br />therefore not subject to Disclosure under North Cazolina Public Records Laws Provider <br />shall identify in writing those records, documents, or things prior to the commencement <br />date of thisAgreement. <br />Should a public records request be made for information the Provider claims is <br />Proprietary in nature, County will, within a reasonable time, notify Provider of such <br />public records request. Provider shall, within five (5) business days of said notification <br />provide Notice pursuant to Section 11(i) that it does or does not object to the County <br />disclosing the requested information pursuant to the subject public records request. <br />If Provider objects to the disclosure of the requested information, Provider agrees that it <br />shall be solely responsible for the defense of and the cost of defending any claim or <br />complaint against the County based upon the County's refusal to disclose information <br />Provider claims is Proprietary in nature. Provider agrees that if any such complaint or <br />claim is filed it will indemnify County and will reimburse County for any and all <br />damages awazded against County for County's refusal to disclose information Provider <br />claims is proprietary in nature. <br />Provider agrees that it releases County from all loss, liability, claims or expense, <br />including attorney's fees, arising out of or related to the release or disclosure or failure <br />by the County to release or disclose information Provider claims is Proprietary in nature. <br />Provider further agrees that it waives the right to file any court action for any such <br />release, disclosure, or failure to release or disclose information Provider claims is <br />6 <br />