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Revised 12/18 7 <br />without additional compensation to the Provider. The use of the documents, items or <br />things by the County or by any person or entity for any purpose other than the Project as <br />set forth in this Agreement shall be at the full risk of the County. <br /> <br />h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. <br /> <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 <br />expire without penalty to County immediately upon written notice to Provider of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that County <br />shall not activate this non-appropriation provision for its convenience or to circumvent <br />the requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br /> <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 <br />shall automatically terminate without penalty to County upon written notice to Provider <br />of such limitation or change in County’s legal authority. <br /> <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 <br />the Parties to utilize electronic signatures and the intent of the Parties to comply with <br />Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> <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 /> <br /> Orange County Provider’s Name & Address <br /> Attention: Dinah Jeffries Excellance, Inc. <br /> P.O. Box 8181 453 Lanier Road <br /> Hillsborough, NC 27278 Madison, Alabama 35758 <br /> <br /> <br />IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder <br />set their hands and seal, all as of the day and year first above written. <br /> <br />ORANGE COUNTY: PROVIDER: <br /> <br /> <br />By: _________________________________ <br /> Bonnie Hammersley, County Manager <br /> <br /> <br /> <br /> <br />By: __________________________________ <br /> <br /> Printed Name and Title <br /> <br /> <br />DocuSign Envelope ID: 894792A6-7781-44EE-8915-1BC88F8277CE <br />   <br />