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DocuSign Envelope ID: 14822E92-6F4E-421E-9813-6CF42B281 B1 D <br /> County and the Provider and supersedes all prior negotiations, representations or <br /> agreements, either written or oral. This Agreement may be amended only by written <br /> instrument signed by both parties. Modifications may be evidenced by facsimile <br /> signatures. <br /> f. Severability. If any provision of this Agreement is held as a matter of law to be <br /> unenforceable, the remainder of this Agreement shall be valid and binding upon the <br /> Parties. <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. 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. <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 <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 the <br /> requirements of this Agreement, but only as an emergency fiscal measure during a <br /> 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 <br /> shall automatically terminate without penalty to County upon written notice to Provider of <br /> such 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 <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 /> 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 & Address <br /> Attention: Bonnie Hammersley SynTerra Corporation <br /> P.O. Box 8181 10430 Harris Oaks Blvd, <br /> Suite H <br /> Hillsborough,NC 27278 Charlotte,NC 28269 <br /> Revised 11/19 7 <br />