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windstreamV <br /> conworw Ausi�ss to bustrress <br /> ADDENDUM TO SERVICE TERMS AND CONDITIONS <br /> This Addendum is entered between Windstream and its affiliates ("Windstream") Orange County ("Customer") <br /> Proposal Number 1033370 and amends the Windstream Service Terms and Conditions ("Agreement") entered <br /> between Windstream and Customer("Parties"). <br /> E-VERIFY <br /> Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a <br /> contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of <br /> Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the <br /> requirements of Article 2 of Chapter 64 of the General Statutes constitutes Company's breach of this Agreement. <br /> By executing this Agreement Company affirms they are in compliance with Article 2 of Chapter 64 of the North <br /> Carolina General Statutes. <br /> NON-APPROPRIATIONS <br /> Company acknowledges that Customer is a governmental entity, and the validity of this Agreement is based upon <br /> the availability of public funding under the authority of its statutory mandate. In the event that public funds are <br /> unavailable and not appropriated for the performance of Customer's obligations under this Agreement, then this <br /> Agreement shall automatically expire without penalty to Customer immediately upon written notice to Company of <br /> the unavailability and non-appropriation of public funds. <br /> ANNUAL RENEWAL OPTION <br /> Windstream and Customer hereby agree that within thirty (30) days of the anniversary of the installation date <br /> of Services, Customer shall have the option of continuing or renewing Services, or Customer may, upon thirty <br /> (30) days written notice to Windstream, terminate the Agreement without liability other than Services rendered <br /> through the effective termination date. <br /> INDEMNIFICATION <br /> Any agreement by Customer to indemnify Windstream is limited to indemnifying Windstream only to the extent <br /> allowable by North Carolina law. <br /> The Agreement noted above and this Addendum constitutes the Parties' entire agreement. To the extent there is a <br /> conflict between this Addendum and the Agreement, this Addendum controls. <br /> This Addendum may be executed in several counterparts, and all counterparts so executed shall constitute one <br /> binding agreement on the Parties hereto and each executed counterpart shall be deemed an original. Facsimile <br /> signatures shall be accepted as valid and binding for all purposes. <br /> Windstream and Customer each aver that the signatories to this Addendum below have authority to sign this <br /> Addendum. <br /> Hand-written modifications to this Addendum are not binding on either Windstream or Customer. <br /> Orange Co my Windstream and its affiliates <br /> By: By: ^ <br /> N e: Name: ' <br /> Title: Title: <br />