Orange County NC Website
Browse       Search
DocuSign Envelope ID : 5004353C - 17AB-4010-9OB4- B1 COAE44672A <br /> Contractor acknowledges that Owner is a governmental entity , and the validity of this <br /> Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate . <br /> In the event that public funds are unavailable and not appropriated for the performance of <br /> Owner ' s obligations under this Agreement , then this Agreement shall automatically expire <br /> without penalty to Owner immediately upon written notice to Contractor of the unavailability and <br /> non-appropriation of public funds . It is expressly agreed that Owner shall not activate this non- <br /> appropriation provision for its convenience or to circumvent the requirements of this Agreement, <br /> but only as an emergency fiscal measure during a substantial fiscal crisis . <br /> In the event of a change in the Owner ' s statutory authority , mandate and/or mandated <br /> functions , by state and/or federal legislative or regulatory action , which adversely affects <br /> Owner ' s authority to continue its obligations Linder this Agreement, then this Agreement shall <br /> automatically terminate without penalty to Owner upon written notice to Contractor of such <br /> limitation or change in Owner ' s legal authority . <br /> I L DIGITAL SIGNATURES <br /> This Agreement together with any amendments or modifications may be executed <br /> electronically . All electronic signatures affixed hereto evidence the intent of the Parties to <br /> comply with Article l l A and Article 40 of North Carolina General Statute Chapter 66 . <br /> I <br /> 12 . ENTIRE AGREEMENT <br /> The parties have read this Agreement and agree to be bound by all of its terms , and further <br /> agree that it, together with specifically referenced documents , constitutes the complete and <br /> exclusive statement of the Agreement between the parties unless and until modified by a written <br /> amendment to this Agreement signed by the parties . Modifications may be evidenced by <br /> telefacsimile signatures . Should any conflict arise in the terms of any documents referenced <br /> herein and this Agreement the terms of this Agreement shall be given priority and shall control <br /> over all other such documents . Should a request for proposals and a proposal be referenced the <br /> terms of the request for proposals shall have priority over the terms of the proposal . <br /> 13 . COMPLIANCE WITH LAW/GOVERNING LAW <br /> Both parties agree that this Agreement shall be governed by the laws of the State of North <br /> Carolina and any action brought under this Agreement shall be brought in the General Court of <br /> Justice of the State of North Carolina in Orange County . Provider shall at all tunes remain in <br /> compliance with all applicable local , state, and federal laws , rules , and regulations including but <br /> not limited to all anti - discrimination laws . <br /> [ SIGNATURE PAGE TO FOLLOW] <br /> Revised 10/ 14 3 <br />