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to or destruction of any property caused in whole or in part by any negligent or intentional act or <br /> omission on the part of the Provider. <br /> 13. Termination: This Agreement may be terminated at any time by mutual written agreement of the <br /> parties or by the County upon written notice to the Provider. <br /> 14. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its <br /> terms, and further agree that it constitutes the complete and exclusive statement of the <br /> Agreement between the parties unless and until modified in writing and signed by the parties. <br /> Modifications may be evidenced by telefacsimile signature. <br /> 15. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the <br /> terms of this Agreement such litigation shall be initiated in the General Court of Justice of North <br /> Carolina seated in Orange County, North Carolina. 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. Pursuant to the terms of North Carolina General <br /> Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor <br /> and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of <br /> the North Carolina General Statutes. Where applicable, failure to maintain compliance with the <br /> requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of <br /> this Agreement. By executing this Agreement Provider affirms Provider is in compliance with <br /> Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> 16. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of <br /> its statutory mandate. 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 Provider of <br /> the unavailability and non-appropriation of public funds. <br /> IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective <br /> as of the day first written above. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised May 2014 5 <br />