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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. 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 &Address <br /> Attention: Kevin Lindley Terracon Consultants, Inc. <br /> P.O. Box 8181 5240 Green's Dairy Road <br /> Hillsborough,NC 27278 Raleigh,NC 27616 <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: Terracon Consultants, Inc. <br /> By: By: --� <br /> Frank ' on, Co ty anager L• D E 0 T N, _ s c, A sS'o <<4 i,,c <br /> Printed Name and Title <br /> This inst ent has been approved as to technical content. <br /> raig Be ict, Planning Department Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget <br /> and Fiscal Control Act. <br /> Revised January 2013 7 <br />