Orange County NC Website
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 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 <br />Attention: Craig Benedict <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />Provider's Name & Address <br />McGill & Associates <br />1240 19th Street, Lane NW <br />Hickory, NC 28603 <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: <br />IM <br />Barry Jacobs, Chair <br />Orange County Board of Commissioners <br />Attest: <br />Donna Baker, Clerk to the Board <br />[SEAL] <br />Revised July 2010 7 <br />19 t111111101.3 <br />i <br />Printed Name and Title <br />10 <br />