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Revised 9/16 <br />8 <br /> <br /> 10.8 Non-Appropriation <br /> <br /> 10.8.1 Consultant acknowledges that County is a governmental entity, and the validity of <br />this Agreement is based upon the availability of public funding under the authority of its <br />statutory mandate. <br /> <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 Consultant of the unavailability <br />and non-appropriation of public funds. It is expressly agreed that County shall not activate this <br />non-appropriation provision for its convenience or to circumvent the requirements of this <br />Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. <br /> <br />In the event of a change in the County’s statutory authority, mandate and/or mandated functions, <br />by state and/or federal legislative or regulatory action, which adversely affects County’s <br />authority to continue its obligations under this Agreement, then this Agreement shall <br />automatically terminate without penalty to County upon written notice to Consultant of such <br />limitation or change in County’s legal authority. <br /> <br /> 10.9 Notices and Signatures <br /> <br /> 10.9.1 This Agreement together with any amendments or modifications may be executed <br />electronically. All electronic signatures affixed hereto evidence the intent of the Parties to <br />comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> <br /> 10.9.2 Any notice required by this Agreement shall be in writing and delivered by <br />certified or registered mail, return receipt requested to the following: <br /> <br />Orange County Federal Engineering, Inc. <br />Attention: Emergency Services Director Ronald F. Bosco, President <br />P.O. Box 8181 10600 Arrowhead Drive <br />Hillsborough, NC 27278 Fairfax, Virginia 22030 <br /> <br /> IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have <br />hereunder set their hands and seal, all as of the day and year first above written. <br /> <br />COUNTY: Orange County CONSULTANT: Federal Engineering, Inc. <br /> <br /> <br />_______________________________ ____________________________ <br />Bonnie Hammersley, County Manager Ronald F. Bosco, President <br /> <br /> <br />DocuSign Envelope ID: 67496B91-FC0D-4188-A6C5-F7496722386E