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h. Termination. This MOU may be terminated at any time without penalty by either party <br />provided that written notice of such termination is furnished to the other party at least thirty <br />(30) days prior to termination, except in the event of a material breach, in which case the <br />non - breaching party shall have the right to terminate the agreement immediately upon notice <br />to the breaching party. This provision may be waived in certain circumstances by written <br />agreement of the parties. <br />7. Merger; Waiver. This MOU represents the entire agreement of UNC and OCHD with <br />respect to the subject. matter hereof; and is separate and apart from any sub -award that may <br />be entered into between UNC and OCHD with respect to funding under the TDE grant. Any <br />waiver by UNC or OCHD of a breach of any provision of this MOU shall not be deemed to <br />be a waiver of any preceding or subsequent breach of the same or any other provision. <br />8. Amendment. This MOU shall not be amended except through a mutual written agreement <br />executed by duly authorized representatives of the parties hereto. <br />9. Assignment. Neither party may assign this MOU to a third party without the prior written <br />consent of the other; any assignment in contravention of this provision shall be void. <br />10. Governing Law. The laws of the State of North Carolina shall govern the validity and <br />interpretation of the terms and conditions of this MOU. <br />REMAINDER OF PAGE INTENTIONALLY LEI T BLANK <br />00102 -84.DOCX <br />