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Revised 11/19 3 <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 />By: _________________________ By: _________________________ <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 />DocuSign Envelope ID: AEB4824B-973E-408D-9C1C-5EDDD8B50786