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DocuSign Envelope ID:02DCE0E9-D904-4DA8-ADBC-A8B3110E02A4 <br /> and County may immediately terminate this Agreement without further obligation on the <br /> part of the County. This paragraph is not intended to limit and does not limit the definition <br /> of breach to discrimination. <br /> d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with <br /> respect to any provision of, or the performance or non-performance of,this Agreement shall <br /> be brought in the General Court of Justice of North Carolina sitting in Orange County,North <br /> Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with <br /> respect to such suits or actions. Binding arbitration may not be initiated by either Party, <br /> however,the Parties may agree to nonbinding mediation of any dispute prior to the bringing <br /> of such suit or action. <br /> e. 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 Parties. <br /> f. 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 /> g. 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 unavailability <br /> and non-appropriation of public funds. It is expressly agreed that County shall not activate <br /> this non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement, but only as an emergency fiscal measure during a 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 /> h. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 C.F.R. <br /> §5.5) <br /> 1) Overtime requirements. No Provider or sub-Provider contracting for any part of the <br /> contract work which may require or involve the employment of laborers or mechanics <br /> shall require or permit any such laborer or mechanic in any workweek in which he or she <br /> is employed on such work to work in excess of forty hours in such workweek unless <br /> such laborer or mechanic receives compensation at a rate not less than one and one-half <br /> times the basic rate of pay for all hours worked in excess of forty hours in such <br /> workweek. <br /> 2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation <br /> of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider and any sub- <br /> 6 <br />