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School Nursing Services Agreement <br /> Chapel Hill Carrboro City Schools <br /> Orange County Health Department <br /> Fiscal Year 2014-2015 <br /> Page 4 of 5 <br /> 4 <br /> b. In the event of termination, the School shall be paid that portion of the fees <br /> and expenses that it has earned to the date of termination, less any costs or <br /> expenses incurred or anticipated to be incurred by the County due to errors or <br /> omissions of the School. <br /> c. The County's waiver of any default or breach in compliance with the terms of <br /> this Agreement by the School shall not be deemed a waiver of any <br /> subsequent default or breach and shall not be construed to be modification of <br /> the terms of this Agreement unless stated to be such in writing, signed by an <br /> authorized representative of the County and the School. <br /> 10. Intent to be Bound. The parties have read this Agreement, including the <br /> Memorandum of Agreement attached and any amendments hereto, and agree to <br /> be bound by all of its terms, and further agree that the documents constitute the <br /> complete and exclusive statement of the Agreement between the parties. <br /> 11. Governing Law. The laws of North Carolina shall govern the validity and <br /> interpretation of the provisions, terms and conditions of this Agreement. <br /> 12. Non-Appropriation. School 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. In the event that public funds are <br /> unavailable and not appropriated for the performance of County's obligations <br /> under this Agreement, then this Agreement shall automatically expire without <br /> penalty to County immediately upon written notice to School of the unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not <br /> activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during <br /> a substantial fiscal crisis. In the event of a change in the County's statutory <br /> authority, mandate and/or mandated functions, by state and/or federal legislative <br /> or regulatory action, which adversely affects County's authority to continue its <br /> obligations under this Agreement, then this Agreement shall automatically <br /> terminate without penalty to County upon written notice to School of such <br /> limitation or change in County's legal authority. <br /> 13. 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 Health Department Chapel Hill Carrboro City Schools <br /> Attention: Accounts Payable Attention: Superintendent <br /> 300 West Tryon Street 750 S. Merritt Mill Rd <br /> Hillsborough, NC 27278 Chapel Hill, NC 27516 <br /> 14. Entire Agreement. This Agreement represents the entire and integrated <br /> agreement between the County and the Consultant and supersedes all prior <br /> negotiations, representations or agreements, either written or oral. This <br />