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Caterer has not been identified, and has not utilized the services of any agent or <br /> subcontractor,on the list created by the State Treasurer pursuant to G.S. 147-86.58. <br /> 36.Dispute Resolution. Any and all.suits or actions to enforce, interpret or seek damages with <br /> respect to any provision of, or the performance or non-performance of,this Agreement shall <br /> be brought in the General Court of Justice of North Carolina sitting in Orange County,North <br /> Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with <br /> respect to such suits or actions. The Parties may agree to nonbinding mediation of any <br /> dispute prior to the bringing of such suit or action. <br /> 37.Non-Appropriation. Caterer 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 <br /> of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of <br /> County's obligations under this Agreement, then this Agreement shall automatically expire <br /> without penalty to County immediately upon written notice to Caterer of the unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not activate N <br /> this non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, -mandate and/or mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects t <br /> County's authority to continue its obligations under this Agreement, then this Agreement <br /> shall automatically terminate without penalty to County upon written notice to Provider of <br /> such limitation or change in County's legal authority. <br /> IN WITNESS WHEREOF,•the parties hereto have caused this Agreement to be signed by their <br /> duly authorized representatives. <br /> BY COUNTY: <br /> Bonnie Hammers-ley, County ager <br /> BY CATERER: <br /> c C. t <br /> 10 <br /> .Revised 1212016 <br /> E <br />