2011-137 DEAPR - Fun 2 Ref - Lynn Dunbar for Referee Services $27,950

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e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. g. Non-Appropriation. Provider 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 Provider 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 Provider of such limitation or change in County's legal authority. h. 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 Provider's Name Attention:Christopher A. Sousa Lynn H. Dunbar P.O. Box 8181 1105 Infinity Road Hillsborough, NC 27278 Durham, NC 27712 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVID ,~ By: By: Frank C o , Co t anager _ '"""••••.. ss~ ~ cue on thts_._ ~t~- ~' of Pr ~ ~ ~t e - ma ~a a~+a ~ z~ Revised April 2010 ~ /she ~ ~~ ,• p ~~V ~-~ ',P,F1 ~'.~3rt~r6'tt~sSQfl c,. tvv ,,,, _~ -y-6 ,,•"'YGE ~j0 "•- --..