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Bluebeam Services Agreement CONFIDENTIAL Page 4 of 7 <br />situation may require. This Agreement shall be enforced and construed as if such provision had been <br />included as so modified in scope or applicability or had not been included, as the case may be. <br />g.Waiver. No failure to exercise and no delay in exercising any right, power or privilege granted under this <br />Agreement shall operate as a waiver of such right unless accompanied by a clear written statement that <br />such provision is waived. No single or partial exercise of any right, power or privilege granted under this <br />Agreement shall preclude any other or further exercise thereof. No waiver by either Party of full <br />performance in any one or more instances shall be a waiver of the right to require full and complete <br />performance thereafter, but shall apply solely to the instance to which such waiver is granted. <br />h. Non-Discrimination. Vendor shall not discriminate based upon race, ethnicity, color, national origin, <br />religion, creed, age, sex, gender, gender identity, gender expression, marital status, familial status, <br />disability, political affiliation, veteran status, disabled veteran status. <br />i.Non-Appropriation. Vendor acknowledges that Client is a governmental entity, and the validity of this <br />Agreement is based upon the availability of public funding under the authority of its statutory mandate. <br />In the event that public funds are unavailable and not appropriated for the performance of Client’s <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to <br />Client immediately upon written notice to Provider of the unavailability and non-appropriation of funds. <br />j.Insurance. General Requirements. Bluebeam shall obtain, at its sole expense, Commercial General <br />Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional <br />insurance. <br />k.Changes in the Basic Services and entitlement to additional compensation or a change in duration of this <br />Agreement shall be made by a written Amendment to this Agreement executed by the County and the <br />Provider. The Provider shall proceed to perform the Services required by the Amendment only after <br />receiving a fully executed Amendment from the County. <br />l. <br />m.Entire Agreement. This Agreement, including the Quote, Proposal (if any) and Exhibits attached hereto, <br />expresses the entire understanding of the parties and supersedes all prior and contemporaneous <br />agreements and undertakings of the parties with respect to the subject matter hereof. This Agreement <br />may only be amended or altered by another written agreement executed by both parties. <br />n.Electronic Signatures. The execution of this Agreement by electronic means shall be deemed to constitute <br />effective execution of this Agreement as to the parties hereto. Such electronic signatures may be used by <br />the parties in lieu of the original signature page(s) of this Agreement for any and all purposes. All electronic <br />signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of <br />the Parties to comply with Article 11A and Article 40 of North Carolina General Statutes Chapter 66. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. <br />Bluebeam, Inc. Client: Orange County, NC <br />Signed: Signed: <br />(an authorized representative) (an authorized representative) <br />Print Name: Print Name: <br />Title: Title: <br />Date: Date: <br />Sean Andrews <br />Vice President, Global Customer Success <br />Bonnie Hammersley <br />County Manager <br />DocuSign Envelope ID: 6431C34F-B0F0-4978-9707-48BDB8700ACC <br />3/3/2023 3/7/2023