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7 <br />parts of this Agreement and are fully incorporated herein by this reference. In the event of a <br />conflict between this Agreement and SOWs, the SOW shall control. Any exceptions expressly <br />agreed upon in writing by AGENCY and Delerrok under a particular Statement of Work will <br />apply only for purposes of that Statement of Work, and will not be deemed to in any way amend, <br />modify, cancel, or waive the provisions of this Agreement or any other Statement of Work. <br />Notwithstanding the foregoing, no Statement of Work or any provision thereof will be effective <br />to: (A) decrease any limitation of liability, reduce the scope of recoverable damages, or restrict <br />or eliminate exceptions to the limitation of liability; (B) expand, eliminate or restrict the scope <br />of any indemnity obligations set forth in this Agreement or any Exhibit hereto; or (C) waive, <br />settle or resolve any claims or disputes between the Parties. <br />f.Severability. If any provision of this Agreement is held as a matter of law to be unenforceable <br />by a court of competent jurisdiction, the remainder of this Agreement shall be valid and binding <br />upon the Parties. <br />g.(Purposely left blank) <br />h.Non-Appropriation. Contractor acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the authority <br />of its statutory mandate. <br />i.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 Contractor of the unavailability <br />and non-appropriation of public funds. It is expressly agreed that County shall not activate this <br />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 />j.In the event of a change in the County’s statutory authority, mandate and/or mandated functions, <br />by state and/or federal legislative or regulatory action, which adversely affects County’s <br />authority to continue its obligations under this Agreement, then this Agreement shall <br />automatically terminate without penalty to County upon written notice to Contractor of such <br />limitation or change in County’s legal authority. <br />k.Signatures. This Agreement together with any amendments or modifications may be executed <br />electronically. All electronic signatures affixed hereto evidence the consent of the Parties to <br />utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article <br />40 of North Carolina General Statute Chapter 66. <br />l.Notices. Except as otherwise provided herein, any notice required by this Agreement shall be <br />in writing and delivered by certified or registered mail, return receipt requested to the following. <br />The parties may change their notice contact information at any time by giving thirty (30) days <br />prior written notice to the other. <br />DocuSign Envelope ID: 000FC59A-58C3-40A5-B7DA-3677E8179B51