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h. Non-Approriation. 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 /> i. 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 Provider's Name&Address <br /> Attention: Recycling Programs Manager Bill Davidson, General <br /> P.O. Box 8181 Manager-Durham Branch <br /> Hillsborough,NC 27278 148 Stone Park Court <br /> Durham,NC 27703 <br /> [SIGNATURE PAGE TO FOLLOW] <br />