Orange County NC Website
Browse       Search
DocuSign Envelope ID:5243DF4F-9C78-4BF5-B878-FB381A1FCDCB <br /> Contractor acknowledges that Owner is a governmental entity, and the validity of this <br /> Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. <br /> In the event that public funds are unavailable and not appropriated for the performar-ce of <br /> Owner's obligations under this Agreement, then this Agreement shall automatically expire <br /> without penalty to Owner immediately upon written notice to Contractor of the unavailability and <br /> non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- <br /> appropriation provision for its convenience or to circumvent the requirements of this Agreement, <br /> but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the Owner's statutory authority, mandate and/or mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects { <br /> Owner's authority to continue its obligations under this Agreement, then this Agreement shall f <br /> automatically terminate without penalty to Owner upon written notice to Contractor of such <br /> limitation or change in Owner's legal authority. <br /> 11.E-VERIFY AND DIGITAI.SIGNATURES <br /> A.Pursuant to the terms of North Carolina General Statute 153A-449(b)no county may enter <br /> into a contract with 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 Statutes. Where <br /> applicable,failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the ff <br /> General Statutes constitutes Contractor's breach of this Agreement. By executing this <br /> Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the <br /> North Carolina General Statutes. <br /> i <br /> f <br /> B. This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the intent of the Parties to <br /> comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. { <br /> I <br /> 12.ENTIRE AGREEMENT <br /> i <br /> The parties have read this Agreement and agree to be bound by all of its terms, and frlrther <br /> agree that it, together with specifically referenced documents, constitutes the complete and <br /> exclusive statement of the Agreement between the parties unless and until modified by a written ' <br /> amendment to this Agreement signed by the parties. Modifications may be evidenced by ? <br /> telefacsimile signatures. Should any conflict arise in the terms of any documents referenced <br /> herein and this Agreement the terms of this Agreement shall be given priority and shall ccntrol <br /> over all other such documents. Should a request for proposals and a proposal be referenced the <br /> terms of the request for proposals shall have priority over the terms of the proposal. } <br /> 13.COMPLIANCE WITH LAW/GOVERNING LAW <br /> Both parties agree that this Agreement shall be governed by the laws of the State of North i <br /> Carolina and any action brought under this Agreement shall be brought in the General Court of <br /> Justice of the State of North Carolina in Orange County. Provider shall at all times remain in <br /> compliance with all applicable local, state,and federal laws,rules,and regulations including but <br /> not limited to all anti-discrimination laws. <br /> Revised 7/14 <br /> 3 <br />