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DocuSign Envelope ID: E3E85C1C-F7DB-4D18-A097-5D3D408C08DA <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 /> 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 /> 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 /> 10.9 Notices and Signatures <br /> 10.9.1 This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the consent of the Parties to <br /> utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article <br /> 40 of North Carolina General Statute Chapter 66. <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 /> Orange County Consultant's Name &Address <br /> Attention: Jim Northrup John Goins <br /> P.O. Box 8181 Tower Engineering Professionals, Inc <br /> Hillsborough,NC 27278 326 Tryon Road, Raleigh,NC 27603-3530 <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 /> COUNTY: Orange County CONSULTANT: TEP, Inc <br /> ryy DocuSigned by: <br /> DocuSignedby, l *' 2/19/2019 <br /> 2/2019 <br /> 1� 74CA356D19784F4... <br /> County 06379946755E477... John Goms, P.E., Senior Project Manager <br /> Printed Name and Title <br /> Revised 12/18 <br /> 7 <br />