Orange County NC Website
addition, the parties acknowledge and agree that the very nature of an independent <br />contracting relationship exposes to County to an even greater risk of improper disclosure <br />of confidential information. Therefore, Provider agrees not only to not disclose any of <br />this information, but to take all measures necessary to insure than an inadvertent <br />disclosure of such information is not possible. <br />h. 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 />i. Notices. 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 />County Provider <br />Orange County Triangle J Council of Governments <br />Attention: Frank W. Clifton Jr., County Manager Kirby Bowers, Executive Director <br />P.O. Box 8181 4307 Emperor Blvd., Suite 110 <br />Hillsborough, NC 27278 Durham, NC 27703 <br />Lobbying Clauses. Required by Section 1352, Title 31, U.S. Code <br />1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the <br />undersigned, to any person for influencing or attempting to influence an officer or <br />employee of any agency, a Member of Congress, an officer or employee of Congress, <br />or an employee of a Member of Congress in connection with the awarding of any <br />Federal contract, the making of any Federal grant, the making of any Federal loan, the <br />entering into of any cooperative agreement, and the extension, continuation, renewal, <br />amendment, or modification of any Federal contract, grant, loan, or cooperative <br />agreement. <br />2) If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, <br />a Member of Congress, an officer or employee of Congress, or an employee of a <br />Member of Congress in connection with this Federal contract, grant, loan, or <br />Revised July 2010 <br />7 <br />