Orange County NC Website
Browse       Search
actions. The Parties may agree to nonbinding mediation of any dispute prior to <br /> the bringing of such suit or action. <br /> 11. Extent of Agreement. This Agreement represents the entire and integrated <br /> agreement between the County and the Speedway 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 /> 12. Severability. 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 <br /> the Parties. <br /> 13. Non-Appropriation. The Speedway acknowledges that County is a governmental <br /> entity, and the validity of this Agreement is based upon the availability of public <br /> funding under the authority of its statutory mandate. In the event that public <br /> funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire <br /> without penalty to County immediately upon written notice to Speedway of the <br /> unavailability and non-appropriation of public funds. It is expressly agreed that <br /> County shall not activate this non-appropriation provision for its convenience or <br /> to circumvent the requirements of this Agreement, but only as an emergency <br /> fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and/or <br /> mandated functions, by state and/or federal legislative or regulatory action, which <br /> adversely affects County's authority to continue its obligations under this <br /> Agreement, then this Agreement shall automatically terminate without penalty to <br /> County upon written notice to Speedway of such limitation or change in County's <br /> legal authority. <br /> 14. Notice. 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 Orange County Speedway <br /> Attention: Director Emergency Services Attention: Director of Operations <br /> P.O. Box 8181 Post Office Box 107 <br /> Hillsborough,NC 27278 Rougemont, NC 27572-8865 <br /> IN WITNESS WHEREOF,the parties hereto have duly and validly authorized and <br /> executed this contract as of the date first above written. <br /> Page 5 <br />