Orange County NC Website
Revised 06/21 <br />7 <br />foregoing or any other terms in the Agreement to the contrary, Provider shall retain <br />ownership of all of its property and intellectual property rights, including copyright <br />interests, that existed prior to its commencement of its services under this Agreement. <br />The County acknowledges that Provider’s Deliverables are solely and exclusively for the <br />purposes of the specific project for which Provider created them. Any other use or <br />modification of the Deliverables without the prior written consent of Provider shall be at <br />the full risk of the County. <br /> <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 /> <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 /> <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 /> <br />i. Signatures. 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 /> <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 /> <br /> Orange County Provider’s Name <br /> Attention:A. Barnes MBP Facility Solutions LLC <br /> P.O. Box 8181 3040 Williams Drive, Ste 300 <br /> Hillsborough, NC 27278 Fairfax, VA 22031 <br /> <br /> <br />[SIGNATURE PAGE TO FOLLOW] <br />DocuSign Envelope ID: C7726C6D-4833-4EF7-A602-F6C699BF25C2