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irt, <br />34. The County and the Caterer agree that the laws of the State of North Carolina shall <br />govern the validity and interpretation of the terms and conditions of this Agreement <br />35. Compliance with Laws. Caterer shall at all times remain in compliance with all <br />applicable local, state, and federal laws, rules, and regulations including but not <br />limited to all anti - discrimination laws. Pursuant to the terms of North Carolina <br />General Statute 153A- 449(b) no county may enter into a contract with a contractor <br />unless the contractor and the contractor's subcontractors comply with the <br />requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. <br />Where applicable, failure to maintain compliance with the requirements of Article 2 <br />of Chapter 64 of the General Statutes constitutes Caterer's breach of this Agreement. <br />By executing this Agreement Caterer affirms Provider is in compliance with Article 2 <br />of Chapter 64 of the North Carolina General Statutes. <br />36. 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 <br />in Orange County, North Carolina. It is agreed by the parties that no other court shall <br />have jurisdiction or venue with respect to such suits or actions. The Parties may <br />agree to nonbinding mediation of any dispute prior to the bringing of such suit or <br />action. <br />37. Non - Appropriation. Caterer acknowledges that County is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under <br />the authority of its statutory mandate. <br />In the event that public funds are unavailable and not appropriated for the <br />performance of County's obligations under this Agreement, then this Agreement shall <br />automatically expire without penalty to County immediately upon written notice to <br />Caterer of the unavailability and non - appropriation of public funds. It is expressly <br />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 />Agreement shall automatically terminate without penalty to County upon written <br />notice to Provider of such limitation or change in County's legal authority. <br />SIGNATURE PAGE TO FOLLOW <br />