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DocuSign Envelope ID:29DF65E5-A393-4ED3-BDDA-DF9EC49973C4 <br /> general public. Any such knowledge acquired by the Provider shall not be used, published or <br /> divulged by the Provider to any person, firm or other entity without prior written approval of the <br /> County unless such use, publication or divulgence is in the direct furtherance of the provision of <br /> services set out in this Agreement. Provider specifically agrees that the foregoing confidentiality <br /> obligation applies to the terms of this Agreement and any information disclosed to the Provider in <br /> any document provided to the Provider by the County. Provider agrees to be bound by the terms <br /> of this section of this Agreement in perpetuity. <br /> 11. RECORD AND/OR DOCUMENT RETENTION AND SECURITY <br /> Provider agrees to maintain all records and/or documents of, or related to, the employment and <br /> services set out in this Agreement on the property of the County, specifically, in the office of <br /> Information Technologies. In the event the removal of such records and/or documents from the <br /> property of the County is necessary for the furtherance of the employment and provision of <br /> services set out in this Agreement the Provider agrees to maintain such records and/or documents <br /> in a safe and secure location. Provider agrees that upon the conclusion of the provision of <br /> services to the County it will leave all records and/or documents and things accumulated in the <br /> furtherance of the provision of services set out in this Agreement in a safe and secure location <br /> upon the property of the County, specifically, Information Technologies. <br /> 12. NONAPPROPRIATION <br /> Provider acknowledges that County is a governmental entity, and the contract validity is based <br /> upon the availability of public funding under the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this contract, then this contract shall automatically expire without penalty to <br /> County thirty (30) days after written notice to Provider of the unavailability and non-appropriation of <br /> public funds. It is expressly agreed that County shall not activate this non-appropriation provision <br /> for its convenience or to circumvent the requirements of this contract, but only as an emergency <br /> fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and mandated functions, by <br /> state and federal legislative or regulatory action, which adversely affects County's authority to <br /> continue its obligations under this contract, then this contract shall automatically terminate without <br /> penalty to County upon written notice to Provider of such limitation or change in County's legal <br /> authority. <br /> 13. SEVERABILITY <br /> Should any word, sentence, paragraph or clause of this Agreement be determined to be unlawful, <br /> it shall have no bearing or impact on the remaining terms of the Agreement which shall remain <br /> fully enforceable as if the unlawful word, sentence, paragraph, or clause had been absent from the <br /> initial drafting of the Agreement. <br /> 14. SIGNATURES <br /> This Agreement together with any amendments or modifications may be executed electronically. <br /> All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A <br /> and Article 40 of North Carolina General Statute Chapter 66. <br /> Revised 10/14 3 <br />