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<br /> <br /> <br />12 <br />2. The County receives a final Expenditure Report indicating that all approved Project <br />work has been completed, and that all Award funds corresponding to such work <br />during the Term of this Agreement have been disbursed to Provider; <br />3. The County confirms the accuracy of the final Expenditure Report and reconciles <br />actual costs incurred by Provider to Subaward payments (including modifications) <br />and, as a result of such reconciliation, issues any additional funds or receives <br />reimbursement from Provider, as the case may be (true-up); and <br />4. The County notifies Provider in writing that the Subaward is completed and closed. <br /> <br /> <br /> <br />16. NON–APPROPRIATION <br /> <br />a. Provider acknowledges that County is a governmental entity, and the validity of this Agreement <br />is based upon the availability of public funding under the authority of its statutory mandate. <br /> <br />b. 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 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 />c. In the event of a change in or successful challenge to the County’s statutory authority, mandate <br />and/or mandated functions, by state and/or federal legislative, judicial or regulatory action, <br />which adversely affects County’s authority to continue its obligations under this Agreement, <br />then this Agreement shall automatically terminate without penalty to County upon written notice <br />to Provider of such limitation or change in County’s legal authority. <br /> <br />17. NOTICES <br /> <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br />return receipt requested to the following: <br /> <br /> County: Provider: <br /> Orange County North State Communications Advanced Services, LLC <br /> Attn: Travis Myren Mary McDermott <br /> P.O. Box 8181 One Lumos Plaza <br /> Hillsborough, NC 27278 Waynesboro, VA 22980 <br /> <br /> <br />18. RECORD KEEPING <br /> <br />Provider shall maintain financial and other records that specifically show the use of the Funds <br />exclusively for the purposes of the Scope of Work. Provider shall maintain such records for at <br />least five (5) years after the end of the Agreement. County shall have the right, upon reasonable <br />notice, to conduct on-site visits and to audit at any time up to five (5) years after the end of the <br />Project Closeout, as defined in Section 15, Provider’s records relating to the expenditure of the <br />Funds. <br /> <br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B