Orange County NC Website
DocuSign Envelope ID:390B2169-33EB-4DAB-9E22-31B302CF919C <br /> 9. Non-Appropriation. No provision of this Agreement shall be construed or <br /> interpreted as creating a pledge of the faith and credit of the Orange County <br /> within the meaning of any constitutional debt limitation. No provision of this <br /> Agreement shall be construed or interpreted as creating a delegation neither of <br /> governmental powers nor as a donation by a lending of the credit of Orange <br /> County within the meaning of the Constitution of the State of North Carolina. <br /> This Agreement shall and does not directly or indirectly or contingently obligate <br /> the Orange County to make any payments beyond those appropriated in the sole <br /> discretion of Orange County for any fiscal year in which this Agreement shall be <br /> in effect. No deficiency judgment may be rendered against Orange County in any <br /> action for breach of a contractual obligation under this Agreement and the taxing <br /> power of Orange County is not and may not be pledged directly or indirectly or <br /> contingently to secure any monies due under this Agreement. <br /> 10. Entire Agreement. This Agreement contains the entire understanding of the <br /> parties and shall not be altered, amended or modified except by an agreement in <br /> writing executed by the duly authorized officials of both parties. <br /> 11. Governing Law. This Agreement and the duties, responsibilities, obligations, and <br /> rights of respective parties hereunder shall be governed by the laws of the State of <br /> North Carolina. By executing this Agreement Provider affirms that Provider and <br /> any subcontractors of Provider are and shall remain in compliance with Article 2 <br /> of Chapter 64 of the North Carolina General Statutes. By executing this <br /> Agreement Provider certifies that Provider has not been identified, and has not <br /> utilized the services of any agent or subcontractor, on the list created by the State <br /> Treasurer pursuant to G.S. 147-86.58. <br /> 12. Anti-Discrimination. Provider shall at all times remain in compliance with all <br /> applicable local, state, and federal laws, rules, and regulations. Provider shall at <br /> all times remain in compliance with all applicable local, state, and federal laws, <br /> rules, and regulations including but not limited to all state and federal anti- <br /> discrimination laws, policies, rules, and regulations and the Orange County Anti- <br /> Discrimination Policy. Any violation of this requirement is a breach of this <br /> Agreement and County may immediately terminate this Agreement without <br /> further obligation on the part of the County. This paragraph is not intended to <br /> limit and does not limit the definition of breach to discrimination. <br /> 13. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek <br /> damages with respect to any provision of, or the performance or non-performance <br /> of, this Agreement shall be brought in the General Court of Justice of North <br /> Carolina sitting in Orange County,North Carolina. It is agreed by the parties that <br /> no other court shall have jurisdiction or venue with respect to such suits or <br /> actions. Binding arbitration may not be initiated by either Party, however, the <br /> Parties may agree to nonbinding mediation of any dispute prior to the bringing of <br /> such suit or action. <br /> 5 <br /> Rev. 4/17 <br />