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h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and <br /> the validity of this Agreement is based upon the availability of public funding under the <br /> authority of its 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 <br /> expire without penalty to County immediately upon written notice to Provider of the <br /> unavailability and non-appropriation of public funds. It is expressly agreed that County <br /> shall not activate this non-appropriation provision for its convenience or to circumvent <br /> the requirements of this Agreement, but only as an emergency fiscal measure during a <br /> substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and/or mandated <br /> functions, 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 Agreement <br /> shall automatically terminate without penalty to County upon written notice to Provider <br /> of such limitation or change in County's legal authority. <br /> i. Notices. 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 Provider's Name <br /> Attention: Jeffrey Thompson Nice and Green Flooring <br /> P.O. Box 8181 1183 University Drive #105 <br /> Hillsborough,NC 27278 Burlington,NC 27215 <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 9/13 <br /> 6 <br />