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7 <br /> <br /> <br />jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be <br />initiated by either Party, however, the Parties may agree to nonbinding mediation of any <br />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. 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 />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 (40 U.S.C. <br />3701-3708). Should this Agreement involve federal funds in excess of $100,000 and <br />the employment of mechanics or laborers, including watchmen and guards, Provider <br />shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of <br />Labor regulations (29 CFR Part 5), as follows: <br /> <br />1. 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 mechanics <br />shall require or permit any such laborer or mechanic in any workweek in which he or she <br />is employed on such work to work in excess of forty hours in such workweek unless such <br />laborer or mechanic receives compensation at a rate not less than one and one-half times <br />the basic rate of pay for all hours worked in excess of forty hours in such workweek. <br /> <br />DocuSign Envelope ID: 46AAA209-37F8-4264-B691-2868C8B31BDA