Orange County NC Website
DocuSign Envelope ID: D81 B019F-4A59-4FC4-90DB-1 FC6D399777A <br /> required Deposit. Speaker hereby grants to County limited use of her name,pre-approved biography and pre- <br /> approved image in connection with promoting this Event from the time this Agreement is fully executed until <br /> the performance date. Any advertisement must not represent itself as an endorsement by Speaker of any <br /> product, service or entity. County must inform Provider how they plan to utilize Speaker's name, likeness <br /> and image for promotional purposes. All promotional materials relating to Speaker must be sent to Provider <br /> for review and are subject to Speaker's prior written approval. <br /> 9. Entire Agreement and Signatures: The parties have read this Agreement and agree to be <br /> bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br /> Agreement between the parties unless and until modified in writing and signed by the parties. Modifications <br /> may be evidenced by telefacsimile signature. This Agreement together with any amendments or <br /> modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent <br /> of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and <br /> Article 40 of North Carolina General Statute Chapter 66. <br /> 10. Governing Law and Priority: Both parties agree that this Agreement shall be governed by <br /> the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance <br /> with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state <br /> and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- <br /> Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by <br /> reference and may be viewed at <br /> htip://www.oran eg c�tync. og v/departments/purchasing_division/contracts.php.). Any violation of this <br /> requirement is a breach of this Agreement and County may immediately terminate this Agreement without <br /> further obligation on the part of the County. This paragraph is not intended to limit and does not limit the <br /> definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not <br /> been identified, and has not utilized the services of any agent or subcontractor identified, on the list created <br /> by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that <br /> Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on <br /> the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider <br /> affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina <br /> General Statutes. In determining the basic services to be provided, should any documents be referenced in or <br /> attached to this Agreement, the terms herein shall have priority in any conflict between the terms of <br /> referenced documents and the terms of this Agreement. <br /> 11. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be <br /> resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the <br /> dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement <br /> such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, <br /> North Carolina. <br /> 12. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 12/18 3 <br />