Orange County NC Website
Browse       Search
Revised 10/17 <br />6 <br />only by written instrument signed by both parties. Modifications may be evidenced by <br />facsimile signatures. <br />f. 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 />g. Ownership of Work Product. 6KRXOG3URYLGHU¶s performance of this Agreement generate <br />documents, items or things that are specific to this Project such documents, items or <br />things shall become the property of the County and may be used on any other project <br />without additional compensation to the Provider. The use of the documents, items or <br />things by the County or by any person or entity for any purpose other than the Project as <br />set forth in this Agreement shall be at the full risk of the County. <br />h. 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. <br />In the event that public funds are unavailable and not appropriated for the performance of <br />&RXQW\¶s obligations under this Agreement, then this Agreement shall automatically <br />expire without penalty to County immediately upon written notice to Provider of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that County <br />shall not activate this non-appropriation provision for its convenience or to circumvent <br />the requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br />,QWKHHYHQWRIDFKDQJHLQWKH&RXQW\¶s statutory authority, mandate and/or mandated <br />functions, by state and/or federal legislative or regulatory action, which adversely affects <br />&RXQW\¶VDXWKRULW\WRFRQWLQXHLWVREOLJDWLRQVXQGHUWKLV$JUHHPHQWWKHQWKLV$JUHHPHQW <br />shall automatically terminate without penalty to County upon written notice to Provider <br />RIVXFKOLPLWDWLRQRUFKDQJHLQ&RXQW\¶VOHJDODXWKRULW\ <br />i. Signatures. This Agreement together with any amendments or modifications may be <br />executed electronically. All electronic signatures affixed hereto evidence the consent of <br />the Parties to utilize electronic signatures and the intent of the Parties to comply with <br />Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br />j. Notices. 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 /> Orange County Provider¶V Name <br /> Attention: Kimbelee Quatrone National CineMedia, LLC <br /> P.O. Box 8181 6300 S. Syracuse Way, Suite 200 <br /> Hillsborough, NC 27278 Centennial, CO 80111 <br />[SIGNATURE PAGE TO FOLLOW] <br />DocuSign Envelope ID: 42F2FA62-4D8F-4F99-B725-8D400772FB8A