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2020-807-E Emergency Svc-UNC Chapel Hill vaccine site
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2020-807-E Emergency Svc-UNC Chapel Hill vaccine site
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6 <br /> <br /> <br />Carolina. By executing this Agreement University affirms that University and any <br />subcontractors of University are and shall remain in compliance with Article 2 of <br />Chapter 64 of the North Carolina General Statutes. By executing this Agreement <br />University certifies that University has not been identified, and has not utilized the <br />services of any agent or subcontractor identified, on the list created by the State <br />Treasurer pursuant to G.S. 147-86.58. By executing this Agreement University <br />certifies that University has not been identified, and has not utilized the services of <br />any agent or subcontractor identified, on the list created by the State Treasurer <br />pursuant to G.S. 147-86.81. <br /> <br />c. Non-Discrimination. University shall at all times remain in compliance with all <br />applicable local, state, and federal laws, rules, and regulations including but not limited <br />to all state and federal non-discrimination laws, policies, rules, and regulations and the <br />Orange County Non-Discrimination Policy and Orange County Living Wage Policy <br />(each policy is incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) <br />Any violation of the Orange County Non-Discrimination Policy is a breach of this <br />Agreement and County may immediately terminate this Agreement without further <br />obligation on the part of the County. This paragraph is not intended to limit and does <br />not limit the definition of breach to discrimination. <br /> <br />d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages <br />with respect to any provision of, or the performance or non -performance of, this <br />Agreement shall be brought in the General Court of Justice of North Carolina sitting <br />in Orange County, North Carolina. It is agreed by the Parties that no other court shall <br />have jurisdiction or venue with respect to such suits or actions. Binding arbitration <br />may not be initiated by either Party, however, the Parties may agree to nonbinding <br />mediation of any dispute prior to the bringing of such suit or action. <br /> <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 <br />Parties. <br /> <br />f. Non-Appropriation. University 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 performance <br />of County’s obligations under this Agreement, then this Agreement shall automatically <br />expire without penalty to County immediately upon written notice to University 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 <br />the 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 />DocuSign Envelope ID: 3663C0BF-8C5D-49C3-903B-FA0BAD67CBC9
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