Orange County NC Website
41. Duplicate Execution: This Agreement may be executed in duplicate copies each <br /> of which shall be deemed an original copy of this Agreement. <br /> 42. Compliance with Laws. Provider shall at all times remain in compliance with <br /> all applicable local, state, and federal laws, rules, and regulations including but <br /> not limited to all anti-discrimination laws. Pursuant to the terms of North <br /> Carolina General Statute 153A-449(b)no county may enter into a contract with <br /> a contractor unless the contractor and the contractor's subcontractors comply <br /> with the requirements of Article 2 of Chapter 64 of the North Carolina General <br /> Statutes. Where applicable, failure to maintain compliance with the <br /> requirements of Article 2 of Chapter 64 of the General Statutes constitutes <br /> Provider's breach of this Agreement. By executing this Agreement Provider <br /> affirms Provider is in compliance with Article 2 of Chapter 64 of the North <br /> Carolina General Statutes. <br /> 43. Non-Appropriation. Provider acknowledges that County is a governmental <br /> entity, and the validity of this Agreement is based upon the availability of public <br /> funding under the authority of its statutory mandate. In the event that public <br /> funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement,then this Agreement shall automatically <br /> expire without penalty to County immediately upon written notice to Provider <br /> of the unavailability and non-appropriation of public funds. It is expressly <br /> agreed that County shall not activate this non-appropriation provision for its <br /> convenience or to circumvent the requirements of this Agreement,but only as <br /> an emergency fiscal measure during a substantial fiscal crisis. In the event of a <br /> 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 <br /> County's authority to continue its obligations under this Agreement,then this <br /> Agreement shall automatically terminate without penalty to County upon <br /> written notice to Provider of such limitation or change in County's legal <br /> authority. <br /> IN WITNESS WHEREOF the parties on the day and year first written above have <br /> caused this Sales Agreement to be executed in their corporate names and capacities <br /> intending for the terms hereof to legally bind their corporations thereto, and further <br /> intending the placement of their signatures on this document to constitute the placement <br /> of their respective corporations legal SEAL hereupon conveying therewith all the rights <br /> and remedies that the placement thereof shall have under the laws of the state of North <br /> Carolina. <br /> Sales Agreement Page 9 of 10 <br />