Orange County NC Website
Browse       Search
representations or agreements, either written or oral. This Agreement may be amended <br /> only by written instrument signed by both parties. Modifications may be evidenced by <br /> facsimile signatures. <br /> e. Seyerability. If any provision of this Agreement is held as a matter of law to be <br /> unenforceable, the remainder of this Agreement shall be valid and binding upon the <br /> Parties. <br /> £ Ownership of Work Product. Should Provider's performance of this Agreement generate <br /> documents, items or things that are specific to this Project such documents, items or <br /> things shall become the property of the County and may be used on any other project <br /> 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 fifll risk of the County. <br /> g. Non-A,p�ropriation. 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 fixnds 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. 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 /> Orange County Provider's Name <br /> Attention:Wayne Fenton 5`h Wall,LLC,Att:Jeff Spady <br /> P.O.Box 8181 9601 Baileywick Road <br /> Hillsborough,NC 27278 Raleigh,NC 27615 <br /> IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have <br /> hereunder set their hands and seal,all as of the day and year first above written. <br /> ORANGE COUNTY: PROVIDER: <br /> By: By:_DW <br /> Frank Clifton,C r Manager <br /> Revised July 2010 <br /> s <br />