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DocuSign Envelope ID:71441 DDA-7E15-4159-A0F1-9E6104D56C41 <br /> g. Ownership of Work Product. Should Provider's performance of this Agreement generate <br /> documents, items or things that are specific to this Project such documents, items or things <br /> shall become the property of the County and may be used on any other project without <br /> additional compensation to the Provider. The use of such documents, items or things by the <br /> County or by any person or entity for any purpose other than the Project as set forth in this <br /> Agreement shall be at the full risk of the County. Notwithstanding the foregoing, any <br /> documents, items or things, including but not limited to software, graphic designs or other <br /> intellectual property acquired by Provider prior to the execution of this Agreement or <br /> independently of performance under this Agreement shall remain the property of Provider. <br /> h. 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 <br /> authority 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 Provider of the unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not activate <br /> this non-appropriation provision for its convenience or to circumvent the requirements of <br /> this 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 <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 /> i. Signatures. This Agreement together with any amendments or modifications may be <br /> executed electronically. All electronic signatures affixed hereto evidence the consent of the <br /> Parties to utilize electronic signatures and the intent of the Parties to comply with Article <br /> 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> j. Exhibits. The following are to be attached to and made part of this Contract: <br /> i) Exhibit A 1. - Statement of Work. <br /> k. Priority. In the case of any conflict between the terms of this Agreement and any <br /> incorporated documents, such conflicts shall be resolved in the following order of <br /> precedence: <br /> i) This Agreement; <br /> ii) Exhibit A 1. - Statement of Work. <br /> Revised 2/17 <br /> 6 <br />