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1C <br /> Nutrition Programs - Congregate and Home Delivered Meals", and incorporated by <br /> reference as an integral part hereof. <br /> 34. The County and the Caterer agree that the laws of the State of North Carolina shall <br /> govern the validity and interpretation of the terms and conditions of this Agreement <br /> 35. Compliance with Laws. Caterer shall at all times remain in compliance with all <br /> applicable local, state, and federal laws, rules, and regulations including but not <br /> limited to all anti-discrimination laws. Pursuant to the terms of North Carolina <br /> General Statute 153A-449(b) no county may enter into a contract with a contractor <br /> unless the contractor and the contractor's subcontractors comply with the <br /> requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> Where applicable, failure to maintain compliance with the requirements of Article 2 <br /> of Chapter 64 of the General Statutes constitutes Caterer's breach of this Agreement. <br /> By executing this Agreement Caterer affirms Provider is in compliance with Article 2 <br /> of Chapter 64 of the North Carolina General Statutes. <br /> 36. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages <br /> with respect to any provision of, or the performance or non-performance of, this <br /> Agreement shall be brought in the General Court of Justice of North Carolina sitting <br /> in Orange County, North Carolina. It is agreed by the parties that no other court shall <br /> have jurisdiction or venue with respect to such suits or actions. The Parties may <br /> agree to nonbinding mediation of any dispute prior to the bringing of such suit or <br /> action. <br /> 37. Non-Appropriation. Caterer acknowledges that County is a governmental entity, and <br /> the validity of this Agreement is based upon the availability of public funding under <br /> 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 shall <br /> automatically expire without penalty to County immediately upon written notice to <br /> Caterer 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 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 mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely <br /> affects County's authority to continue its obligations under this Agreement, then this <br /> Agreement shall automatically terminate without penalty to County upon written <br /> notice to Provider of such limitation or change in County's legal authority. <br /> SIGNATURE PAGE TO FOLLOW <br />