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DRAFT <br />receiving, storing, processing or otherwise dealing with any confidential <br />information, they will safeguard and not further disclose the information <br />except as permitted by Statute. It is determined that this project is not subject <br />to the Health Insurance Portability and Accountability Act of 1996, Public Law <br />104-191, as amended. <br />C. No provision of this agreement shall be construed or interpreted as creating a <br />pledge of the faith and credit of the County of Orange or the Department <br />within the meaning of any constitutional debt limitation. No provision of this <br />agreement shall be construed or interpreted as creating a delegation of <br />governmental powers nor as a donation by or a lending of the credit of the <br />County of Orange or the Department within the meaning of the Constitution of <br />the State of North Carolina. This agreement shall and does not directly or <br />indirectly or contingently obligate the County of Orange or the Department to <br />make any payments beyond those appropriated in the sole discretion of the <br />County of Orange or the Department for any fiscal year in which this <br />agreement shall be in effect. No deficiency judgment may be rendered <br />against the County of Orange or the Department in any action for breach of a <br />contractual obligation under this agreement and the taxing power of the <br />County of Orange is not and may not be pledged directly or indirectly or <br />contingently to secure any moneys due under this agreement. <br />D. ESE agrees to hold Orange County and the Department harmless from any <br />and all accidental injury or personal loss for the activities specified in this <br />project for the Department. <br />E. This agreement contains the entire understanding of the parties and shall not <br />be altered, amended or modified, except by an agreement in writing executed <br />by the duly authorized officials of both parties. <br />FOR AND ON BEHALF OF FOR AND ON BEHALF OF <br />ORANGE COUNTY HEALTH DEPARTMENT THE DEPARTMENT OF <br />ENVIRONMENTAL SCIENCES AND <br />ENGINEERING, UNIVERSITY OF <br />NORTH CAROLINA <br />Rosemary L. Summers, MPH, DrPH <br />Health Director <br />Mark D. Sobsey, Director <br />Environmental Virology and <br />Microbiology Laboratory, Department <br />of Environmental Sciences and <br />Engineering, UNC <br />DATE: <br />DATE: <br />4 <br />