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OTHER-2022-032-Excellance service agreement
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OTHER-2022-032-Excellance service agreement
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Last modified
12/6/2022 3:11:34 PM
Creation date
6/27/2022 10:29:06 AM
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Template:
BOCC
Date
6/21/2022
Meeting Type
Business
Document Type
Others
Agenda Item
8-g
Document Relationships
Agenda - 06-21-2022 Business Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022
Agenda for June 21, 2022 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 06-21-2022 Business Meeting
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f. 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 /> g . 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 <br /> things shall become the property of the County and may be used on any other project <br /> without additional compensation to the Provider . The use of the documents , items or <br /> things by the County or by any person or entity for any purpose other than the Project as <br /> set forth in this Agreement shall be at the full risk of the County . <br /> h . Non-Appropriation. Provider acknowledges that County is a governmental entity, and <br /> the 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 or not appropriated for the performance of <br /> County ' s obligations under this Agreement, then this Agreement shall automatically <br /> expire without penalty to County immediately upon written notice to Provider of the <br /> unavailability or 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 . <br /> In the event of a change in the County ' s statutory authority, mandate or mandated <br /> functions , by state 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 <br /> of such limitation or change in County ' s legal authority , <br /> i . matures . This Agreement together with any amendments or modifications may be <br /> executed electronically . All electronic signatures affixed hereto evidence the consent of <br /> the Parties to utilize electronic signatures and the intent of the Parties to comply with <br /> Article 11A and Article 40 of North Carolina General Statute Chapter 66 . <br /> j . Notices . Any notice required by this Agreement shall be in writing and delivered by <br /> certified or registered mail, return receipt requested to the following . <br /> Orange County Provider ' s Name <br /> Attention : Kirby Saunders Excellance , Inc . <br /> P . O . Box 8181 453 Lanier Road <br /> Hillsborough, NC 27278 Madison, Alabama 35758 <br /> [ SIGNATURE PAGE TO FOLLOW] <br /> Revised 06 / 21 <br /> 7 <br />
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