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h. Non - Appropriation. Provider acknowledges that County 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 County's obligations under this Agreement, then this Agreement <br />shall automatically expire without penalty to County immediately upon written <br />notice to Provider of the unavailability and non - appropriation of public funds. It is <br />expressly agreed that County shall not activate this non - appropriation provision for <br />its convenience or to circumvent the requirements of this Agreement, but only as an <br />emergency 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 Provider of such limitation or change in County's <br />legal authority. <br />Notices. 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 <br />Attention: Recycling Programs Manager <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />[SIGNATURE PAGE TO FOLLOW] <br />Provider's Name & Address <br />Bill Davidson, General <br />Manager - Durham Branch <br />148 Stone Park Court <br />Durham, NC 27703 <br />9 <br />