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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 /> 16 . NON APPROPRIATION <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 /> 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 /> 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 /> 17 . NOTICES <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 /> County : Provider : <br /> Orange County North State Communications Advanced Services , LLC <br /> Attn : Travis Myren Michael Saperstem <br /> P . O . Box 8181 One Lumos Plaza <br /> Hillsborough, NC 27278 Waynesboro , VA 22980 <br /> 18 . RECORD KEEPING <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 /> 12 <br />