Orange County NC Website
8 <br /> <br /> <br />Parties. <br /> <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 /> <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 /> <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 />h. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 C.F.R. <br />§5.5) <br /> <br />i. 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 <br />mechanics shall require or permit any such laborer or mechanic in any workweek in <br />which he or she is employed on such work to work in excess of forty hours in such <br />workweek unless such laborer or mechanic receives compensation at a rate not less <br />than one and one-half times the basic rate of pay for all hours worked in excess of <br />forty hours in such workweek. <br /> <br />ii. Violation; liability for unpaid wages; liquidated damages. In the event of any <br />violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider <br />and any sub-Provider responsible therefor shall be liable for the unpaid wages. In <br />addition, such Provider and sub-Provider shall be liable to the United States (in <br />the case of work done under contract for the District of Columbia or a territory, to <br />such District or to such territory), for liquidated damages. Such liquidated damages <br />shall be computed with respect to each individual laborer or mechanic, including <br />watchmen and guards, employed in violation of the clause set forth in paragraph <br />DocuSign Envelope ID: 88188806-E8CC-4364-9B03-47E3B834EFAD