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5 <br /> <br />d. Any termination of this Agreement for default under this section that is later deemed <br />to be unjustified shall be deemed a termination for convenience. <br /> <br />e. Non-Appropriation. Provider acknowledges that County is a governmental entity, <br />and the validity of this Agreement is based upon the availability of public funding <br />under the authority of its statutory mandate. <br /> <br />In the event that public funds are unavailable and not appropriated for the <br />performance of County’s obligations under this Agreement, then this Agreement <br />shall automatically expire without penalty to County immediately upon written notice <br />to Provider of the unavailability and non-appropriation of public funds. It is <br />expressly agreed that County shall not activate this non-appropriation provision for <br />its convenience or to circumvent the requirements of this Agreement, but only as an <br />emergency fiscal measure during a substantial fiscal crisis. <br /> <br />In the event of a change in the County’s statutory authority, mandate and/or <br />mandated functions, by state and/or federal legislative or regulatory action, which <br />adversely affects County’s authority to continue its obligations under this Agreement, <br />then this Agreement shall automatically terminate without penalty to County upon <br />written notice to Provider of such limitation or change in County’s legal authority. <br /> <br />6. Insurance. <br /> <br />a. General Requirements. the Provider shall purchase and maintain, during the period <br />of performance of this Agreement, insurance: <br /> <br />i. Comprehensive General Liability Insurance covering claims arising out of or <br />relating to bodily injury, including bodily injury, sickness, disease or death of <br />any of the Consultant's employees or any other person and to real and <br />personal property including loss of use resulting thereof; <br /> <br />b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: <br /> <br /> INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE <br /> Commercial General $500,000 Each Occurrence <br /> Liability $1,000,000 Aggregate <br /> <br />c. All insurance policies (with the exception of Worker's Compensation and <br />Professional Liability) required under this Agreement shall name the County as an <br />additional insured party and as a certificate holder. Evidence of such insurance and <br />all correspondence shall be sent to: <br /> <br />Orange County Risk Manager <br /> Post Office Box 8181 <br />Hillsborough, NC 27278 <br /> <br />DocuSign Envelope ID: 86B60728-3121-4331-9090-EA4C87C3C102