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10.6.1 If any provision of this Agreement is held as a matter of law to be <br /> uneanforceable,the remainder of this Agreement shall be valid and binding upon the Parties. <br /> 10.7 Ownership of Deliverables <br /> 10.7.1 All Deliverables,together with all supporting materials, source documentation, <br /> data collected, field notes, and working drafts, developed in the performance of this Agreement <br /> shall become the property of the County and may be used on any other project without additional <br /> compensation to the Consultant. The use of the Deliverables by the County or by any person or <br /> entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk <br /> of the County. <br /> 10.8 Non-Appropriation <br /> 10.8.1 Consultant acknowledges that County is a governmental entity,and the validity of <br /> tins Agreement is based upon the availability of public finding under the authority of its <br /> 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 expire <br /> without penalty to County imnrediately upon written notice to Consultant of the unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not activate this <br /> non-appropriation provision for its convenience or to went the requirements of this <br /> Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority,mandate and/or mandated functions, <br /> by state and/or federal legislative or regulatory action, which adversely affects County's I <br /> authority to continue its obligations under this Agreement, then this Agreement shall <br /> automatically terminate without penalty to County upotr written notice to Consultant of such <br /> limitation or change in County's legal authority. i <br /> 10.9 Notices <br /> 10.9.1 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 Consuhant's Name&Address <br /> Attention:Wayne Fenton Jeff Spady(5 h Wall) <br /> P.O.Box 8181 9601 Baileywick Road <br /> Hillsborough,NC 27278 Raleigh,NC 27615 <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 9113 <br /> 7 <br />