Orange County NC Website
DocuSign Envelope ID:2614COFA-87AB-4E58-B573-59BBEC88ECE5 <br /> g. Ownership of Work Product. Should Provider's performance of this Agreement generate <br /> documents, items or things that are specific to this Project such documents, items or things <br /> shall become the property of the County and may be used on any other project without <br /> additional compensation to the Provider. The use of the documents, items or things by the <br /> County or by any person or entity for any purpose other than the Project as set forth in this <br /> Agreement shall be at the full risk of the County. <br /> h. Reservation of Rights.Nothing in this Agreement grants any right,title or interest in or to <br /> any Intellectual Property Rights in or relating to the Services,Provider materials or Third Party <br /> materials, whether expressly,by implication, estoppel or otherwise. All right, title and interest <br /> in and to the Services including without limitation, copyrights, trade secrets, software code, <br /> and other Provider materials are and will remain with the Provider. The County shall have no <br /> right therein except the expressly limited rights granted herein, and the County acknowledges <br /> that all rights with respect to the Services and all information contained therein that are not <br /> expressly granted to the County are reserved to the Provider. <br /> i. 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 <br /> of its 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 Provider 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 <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects <br /> County's authority to continue its obligations under this Agreement,then this Agreement shall <br /> automatically terminate without penalty to County upon written notice to Provider of such <br /> limitation or change in County's legal authority. <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 the <br /> Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A <br /> 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's Name <br /> Attention: Brennan Bouma Enpira Inc. <br /> P.O. Box 8181 2530 Meridian Pkwy, STE <br /> Hillsborough,NC 27278 300, Durham,NC <br />