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e <br /> School Nursing Services Agreement <br /> Orange County Schools <br /> Orange County Health Department <br /> Fiscal Year 2012-2013 <br /> Page 4 of 5 <br /> the terms of this Agreement unless stated to be such in writing, signed by an <br /> authorized representative of the County and the School. <br /> 10. Intent to be Bound. The parties have read this Agreement, including the <br /> Memorandum of Agreement attached and any amendments hereto, and agree to <br /> be bound by all of its terms, and further agree that the documents constitute the <br /> complete and exclusive statement of the Agreement between the parties. <br /> 11. Governing Law. The laws of North Carolina shall govern the validity and <br /> interpretation of the provisions, terms and conditions of this Agreement. <br /> 12. Non-Appropriation. School acknowledges that County is a governmental entity, <br /> and the validity of this Agreement is based upon the availability of public funding <br /> under the authority of its statutory mandate. In the event that public funds are <br /> unavailable and not appropriated for the performance of County's obligations <br /> under this Agreement, then this Agreement shall automatically expire without <br /> penalty to County immediately upon written notice to School of the unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not <br /> activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during <br /> a substantial fiscal crisis. In the event of a change in the County's statutory <br /> authority, mandate and/or mandated functions, by state and/or federal legislative <br /> or regulatory action, which adversely affects County's authority to continue its <br /> obligations under this Agreement, then this Agreement shall automatically <br /> terminate without penalty to County upon written notice to School of such <br /> limitation or change in County's legal authority. <br /> 13. Notices. Any notice required by this Agreement shall be in writing and delivered <br /> by certified or registered mail, return receipt requested to the following: <br /> Orange County Health Department Orange County Schools <br /> Attention: Health Director Attention: Superintendent <br /> P.O. Box 8181 200 East King St <br /> Hillsborough, NC 27278 Hillsborough, NC 27278 <br /> 14. Entire Agreement. This Agreement represents the entire and integrated <br /> agreement between the County and the Consultant and supersedes all prior <br /> negotiations, representations or agreements, either written or oral. This <br /> Agreement may be amended only by written instrument signed by both parties. <br /> Modifications may be evidenced by facsimile signatures. <br /> IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their <br /> official capacities of the day and year listed on the signature page affixed to this <br /> Agreement. <br /> C:\Users\pam.jones\Documents\CONTRACTS\2012-13 Contract for OCS Nursing Services.docx <br />