2017-270-E Health - Town of Chapel Hill & CHCC BOE - MOA for summer school program

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DocuSign Envelope ID:C096D0C4-21D1-4556-9576-77FCE44884E2 2. All parties agree that this Agreement shall be governed by the laws of the State of North Carolina. The parties agree to comply with all applicable federal and state laws, including those regarding immigration. 3. The parties certify that as of the date of this Agreement, they are not identified in either the Final Divestment List ("List") or Iran Parent and Subsidiary Guidance ("Guidance") created and maintained by the North Carolina State Treasurer ("Treasurer") as published on the Treasurer's website currently located at https://www.nctreasurer.com/inside-the- department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx. Further, in compliance with § 147-86.59 (b) of said Act, the parties certify that they will not utilize in performing this Agreement any subcontractor identified in the List or Guidance. 4. Student Records. The parties agree that all student records obtained in the course of performing this Agreement shall be subject to the confidentiality, disclosure, and re- disclosure provisions of applicable federal and state statutes and regulations, and in accordance with Board of Education policy. Miscellaneous Terms 1. Termination: This Agreement shall terminate with the conclusion of the summer day camp program according to the schedule contained in Attachment A and upon the submittal of all required Program Evaluation Reports to the County 2. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 3. Non Appropriation: This Agreement is subject to the availability of public funding and may be terminated at any time if such funds become unavailable. 4. Headings: All headings that appear in this Agreement are included for convenience only and shall not affect the meaning or interpretation of any of the provisions of the Agreement. 5. Entire Agreement and Signatures: This Agreement, including any and all referenced Attachments, constitutes the entire agreement between the parties and agree to be bound by all its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by all parties. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statutes Chapter 66. [Signatures on Following Page]