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DocuSign Envelope ID: 3A41C8C3- 4643- 4E42- 9E22- 7ED4F266BDF8 <br />e. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages <br />with respect to any provision of, or the performance or non - performance of, this <br />Agreement shall be brought in the General Court of Justice of North Carolina sitting in <br />Grange County, North. Carolina. It is agreed by the parties that no other court shall have <br />jurisdiction or venue with respect to such suits or actions. Binding arbitration may not <br />be initiated by either Party, however, the Parties may agree to nonbinding mediation of <br />any dispute prior to the bringing of such suit or action. <br />f. Entire Agreement and Si agn Lures: The parties have read this Agreement and agree to be <br />bound by all of its terms, and further agree that it constitutes the complete and exclusive <br />statement of the Agreement between the parties unless and until modified in writing and <br />signed by the parties. This Agreement together with any amendments or modifications <br />may be executed electronically. All electronic signatures affixed hereto evidence the <br />intent of the Parties to comply with Article I IA and Article 40 of North Carolina <br />General Statute Chapter 66. <br />g. Severability. If any provision of this Agreement is held as a matter of law to be <br />unenforceable, the remainder of this Agreement shall be valid and binding upon the <br />Parties. <br />h. Ownership of 'Work Product. Should Provider's performance of this Agreement <br />generate documents, items or things that are specific to this Project such documents, <br />items or things shall become the property of the County and may be used on any other <br />project without additional compensation to the Provider. The use of the documents, <br />items or things by the County or by any person or entity for any purpose other than the <br />Project as set forth in this Agreement shall be at the full risk of the County. <br />Additional Terms and Conditions. The County may have additional terms and <br />conditions that shall be provided as an attachment(s) and is (are) hereby incorporated by <br />reference. <br />Precedence Among Contract Documents: In the event of a conflict between or among <br />the terms of the Contract Documents, the terms in the Contract Document with the <br />highest relative precedence shall prevail. The order of precedence shall be the order of <br />documents as listed in Section A above, with this contract document having the highest <br />precedence then the first listed document and the last - listed document having the lowest <br />precedence. If there are multiple Contract .Amendments, the most recent amendment <br />shall have the highest precedence and the oldest amendment shall have the lowest <br />precedence. <br />k. Non - Appropriation. Provider acknowledges that County is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. In the event that public funds are unavailable and not <br />appropriated for the performance of County's obligations under this Agreement, then <br />this Agreement shall automatically expire without penalty to County immediately upon <br />written notice to Provider of the unavailability and non- appropriation of public funds. It <br />is expressly agreed that County shall not activate this non - appropriation provision for its <br />convenience or to circumvent the requirements of this Agreement, but only as an <br />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 <br />affects County's authority to continue its obligations under this Agreement, then this <br />Revised 06/18 <br />