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9. The laws of North Carolina shall govern the validity and interpretation of the <br /> provisions,terms and conditions of this agreement. <br /> 10. With regard to the teaching, research and/or other services to be performed pursuant <br /> to this agreement by the UNIVERSITY or any of its schools or subdivisions it is <br /> hereby covenanted that OCHD or its employees shall not make any use whatsoever <br /> of the name of the UNIVERSITY contained therein in any campaign of advertising <br /> or in any other manner whatsoever,without the express written permission of the <br /> UNIVERSITY, which permission shall not be unreasonably withheld,unless <br /> compelled to divulge said name by force of law. It is also agreed that OCHD shall <br /> not attempt to circumvent the intent of this paragraph by use of descriptive phrases <br /> by which one could identify said UNIVERSITY with reasonable certainty. <br /> With regard to the program or services provided by OCHD and/or the services of <br /> the individual providing those services for OCHD pursuant to this agreement it is <br /> hereby covenanted and agreed that the UNIVERSITY or its employees shall not use <br /> the name of OCHD in any campaign of advertising or in any other manner <br /> whatsoever, without the express written permission of OCHD, which permission <br /> shall not be unreasonably withheld, unless compelled to divulge said name by force <br /> of law. It is also agreed that the UNIVERSITY shall not attempt to circumvent the <br /> intent of this paragraph by the use of descriptive phrases by which one could <br /> identify said OCHD with reasonable certainty. <br /> 11. Non-Appropriation. Provider acknowledges that OCHD 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. <br /> In the event that public funds are unavailable and not appropriated for the <br /> performance of OCHD's obligations under this Agreement, then this Agreement <br /> shall automatically expire without penalty to OCHD immediately upon written <br /> notice to UNIVERSITY of the unavailability and non-appropriation of public funds. <br /> It is expressly agreed that OCHD shall not activate this non-appropriation provision <br /> for its convenience or to circumvent the requirements of this Agreement, but only as <br /> an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in Orange County's statutory authority,mandate and/or <br /> mandated functions, by state and/or federal legislative or regulatory action, which <br /> adversely affects Orange County's authority to continue its obligations under this <br /> Agreement, then this Agreement shall automatically terminate without penalty to <br /> Orange County upon written notice to UNIVERSITY of such limitation or change in <br /> Orange County's legal authority. <br />