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Revised 11/19 (STAFF REQ CHANGE v2 / Schnabel) 7 <br /> <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 /> <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 /> <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 /> <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: Christopher J. Sandt, P.E. Gerald C. Robblee, P.E. <br /> P.O. Box 8181 11A Oak Branch Drive <br /> Hillsborough, NC 27278 Greensboro, NC 27407 <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 /> Gerald C. Robblee, P.E. (Principal), <br />Schnabel Engineering South, P.C. <br /> Printed Name and Title <br /> <br /> <br />DocuSign Envelope ID: 92FB5070-C04D-4F1C-8D4A-460E15B544B1