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� r <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County,North Carolina. <br /> 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective <br /> as of the day first written above. <br /> ORANG O PROVIDER <br /> By: r By: <br /> Co my Manager Title: <br /> 200 S. Cameron St. Kevin Kirk <br /> P.O. Box 8181 5311 Beaumons Drive <br /> Hillsborough,NC 27278 Durham NC,27707 <br /> This mptrument has been approved as to technical content. <br /> Colleen Bridger,MPH,PhD, De ment Director <br /> This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal <br /> Control Act. <br /> 4�, XU.—, <br /> Office of the Finance Director <br /> This i tru nt has been approved as to form and legal sufficiency. <br /> Of e of t114,County ttorney <br /> Revised July 2010 3 <br />