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9. The laws of North Carolina shall govern the validity and interpretation of the <br /> provisions, terms and conditions of this agreement. <br /> 10. With regard to the teaching,research and/or other services to be performed pursuant <br /> to this agreement by the UNIVERSITY or any of its schools or subdivisions it is <br /> hereby covenanted that the COUNTY or its employees shall not make any use <br /> whatsoever of the name of the UNIVERSITY contained therein in any campaign of <br /> advertising or in any other manner whatsoever, without the express written <br /> permission of the UNIVERSITY, which permission shall not be unreasonably <br /> withheld, unless compelled to divulge said name by force of law. It is also agreed <br /> that the COUNTY shall not attempt to circumvent the intent of this paragraph by <br /> use of descriptive phrases by which one could identify said UNIVERSITY with <br /> reasonable certainty. <br /> With regard to the program or services provided by the COUNTY and/or the <br /> services of the individual providing those services for OCHD pursuant to this <br /> agreement it is hereby covenanted and agreed that the UNIVERSITY or its <br /> employees shall not use the name of the COUNTY in any campaign of advertising <br /> or in any other manner whatsoever, without the express written permission of the <br /> x N COUNTY, which permission shall not be unreasonably withheld,unless compelled <br /> to divulge said name by force of law. It is also agreed that the UNIVERSITY shall <br /> not attempt to.iciroi,mvept the intent of this paragraph by the use of descriptive <br /> phrases bytwhich one could identify said COUNTY with reasonable certainty. <br /> 11. Non-Appropriation.�ation. Provider acknowledges that the COUNTY is a governmental <br /> entity, and the validity of this Agreement is based upon the availability of public <br /> funding under the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the <br /> performance of the COUNTY's obligations under this Agreement, then this <br /> Agreement shall automatically expire without penalty to the COUNTY immediately <br /> upon written notice to the UNIVERSITY of the unavailability and non- <br /> appropriation of public funds. It is expressly agreed that the COUNTY shall not <br /> activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during a <br /> substantial fiscal crisis. <br /> In the event of a change in Orange County's statutory authority, mandate and/or <br /> mandated functions, by state and/or federal legislative or regulatory action, which <br /> adversely affects Orange County's authority to continue its obligations under this <br /> Agreement, then this Agreement shall automatically terminate without penalty to <br /> Orange County upon written notice to UNIVERSITY of such limitation or change <br /> in Orange County's legal authority. <br />