Orange County NC Website
e. 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 the <br /> Parties. <br /> f. Ownership of Work Product. Should Provider's performance of this Agreement generate <br /> documents, items or things that are specific to this Project such documents, items or <br /> 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 Provider's Name: <br /> Attention: Health Director UNC School of Dentistry <br /> P.O. Box 8181 Attn: Martha B. Barbour <br /> Hillsborough,NC 27278 467/13 Brauer Hll <br /> Chapel Hill,NC 27599-7450 <br /> i. Access to Records. In compliance with 42 U.S.C. 1395x(vxlxl)and implementing regulations, The <br /> School of Dentistry and the Health Department agree, until the expiration of four years <br /> after the services are furnished under this contract, to allow the Secretary of the <br /> Department of Health and Human Services and the Comptroller General access to this <br /> contract and to the books, documents and records of The School of Dentistry and The <br /> Health Department necessary to verify the nature and extent of this contract. The <br /> School of Dentistry and The Health Department further agree that if any of the duties of <br /> this contract are carried out by a subcontractor of The School of Dentistry or The Health <br /> Department such subcontract shall contain a clause to the effect that, until the expiration <br /> of four years after the services are furnished under such subcontract, the Secretary of the <br /> Department of Health and Human Services and the Comptroller General shall have <br /> access to such subcontract and to the books, documents and records of the subcontractor <br /> necessary to verify the nature and extent of the costs of such subcontract. <br />