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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793 <br /> b. For Veterinarian: Laureen Bartfield, DVM, P.O. Box 278, New Hill, NC <br /> 27652. <br /> 5. OSHA Compliance. Veterinarian controls the facilities where the Veterinarian and its <br /> employees work. It is agreed Veterinarian is primarily responsible for compliance with <br /> the Occupational Safety and Health Act (OSHA) and comparable state laws and <br /> regulations to the extent those laws apply to the Veterinarian. <br /> 6. Workers Compensation. Laureen Bartfield, DVM is responsible for her own worker's <br /> compensation and the worker's compensation of her employees. <br /> 7. Independent Contractor. The services which Veterinarian or any of employees of <br /> Veterinarian shall render under this Agreement shall be as an independent contractor with <br /> respect to Orange County. Nothing contained in this Agreement shall be construed to <br /> create the relationship of principal and agent, or employer and employee, between <br /> Veterinarian, her employees and Orange County. Both County and Veterinarian <br /> acknowledge that Veterinarian is not an employee of the County for state or federal tax <br /> purposes. Veterinarian shall retain the right to perform services for others during the term <br /> of this Agreement. <br /> 8. 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 <br /> authority of its statutory mandate. In the event that public funds are unavailable and not <br /> appropriated for the performance of County"s obligations under this Agreement, then this <br /> Agreement shall automatically expire without penalty to County immediately upon <br /> written notice to Provider of the unavailability and non-appropriation of public funds. It <br /> is expressly agreed that County shall not activate this non-appropriation provision for its <br /> convenience or to circumvent the requirements of this Agreement, but only as an <br /> emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the <br /> County's statutory authority, mandate and/or mandated functions, by state and/or federal <br /> legislative or regulatory action, which adversely affects County's authority to continue its ° <br /> obligations under this Agreement, then this Agreement shall automatically terminate <br /> without penalty to County upon written notice to Provider of such limitation or change in <br /> County's legal authority. <br /> 9. Limitation and Assignment. The County and the Provider each bind themselves, their <br /> successors, assigns and legal representatives to the terms of this Agreement. Neither the <br /> County nor the Provider shall assign or transfer its interest in this Agreement without the <br /> written consent of the other <br /> 10. Entire Agreement. This Agreement contains the entire understanding of the parties and <br /> shall not be altered, amended or modified except by an agreement in writing executed by <br /> the duly authorized officials of both parties. <br /> 11. Governing Law. This Agreement and the duties, responsibilities; obligations and rights <br /> of respective parties hereunder shall be governed by the laws of the State of North <br /> 6 <br /> Revised May 20T9 <br />