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DocuSign Envelope ID: F52521E7-10C1-43F9-B62F-C1E599A5D572 <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 /> 9. 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 /> 10. 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 /> IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br /> as of the day first written above. <br /> ORANGE COUNTY PROVIDER <br /> b tynee q <br /> By:[� � uui By: L <br /> Department Director Title: <br /> 200 S. Cameron St. Douglas P. Malinowski, Sole Proprietor <br /> P.O. Box 8181 1005 Dimmocks Mill Rd <br /> Hillsborough,NC 27278 Hillsborough,NC 27278 <br /> Revised 12/18 3 <br />