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37. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect <br />to any provision of, or the performance or non-performance of, this Agreement shall be brought in <br />the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is <br />agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits <br />or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of <br />such suit or action. <br /> <br />38. 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 40 <br />of North Carolina General Statute Chapter 66. <br /> <br />39. Non-Appropriation. Caterer acknowledges that County is a governmental entity, and the validity <br />of this Agreement is based upon the availability of public funding under the authority of its <br />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 Caterer of the unavailability and <br />non-appropriation of public funds. It is expressly agreed that County shall not activate this non- <br />appropriation provision for its convenience or to circumvent the requirements of this Agreement, <br />but only as an 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 mandated functions, <br />by state and/or federal legislative or regulatory action, which adversely affects County’s authority <br />to continue its obligations under this Agreement, then this Agreement shall automatically <br />terminate without penalty to County upon written notice to Provider of such limitation or change <br />in County’s legal authority. <br /> <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement t o be signed by their duly <br />authorized representatives. <br /> <br />BY COUNTY: <br /> <br /> <br />________________________________________________ <br />Bonnie Hammersley, County Manager <br /> <br />BY CATERER: <br /> <br /> <br />______________________________________ <br />Ashlyn Smith, Spicy Green Gourmet, LLC <br /> <br /> <br />DocuSign Envelope ID: 9BA2C3AD-E8A9-4A4A-9498-D9E0BBD728C4