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<br />In the event that public funds are unavailable and not appropriated for the performance <br />of 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 and 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, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <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 />j. Signatures. This Agreement together with any amendments or modifications <br />may be executed electronically. All electronic signatures affixed hereto <br />evidence the consent of the Parties to utilize electronic signatures and the <br />intent of the Parties to comply with Article 11A and Article 40 of North <br />Carolina General Statute Chapter 66. <br /> <br />k. Limit of Liability. Neither party shall be liable to the other for punitive <br />damages arising out of the performance or breach of this Agreement. <br /> <br /> <br />l. Remedies. A party’s remedies hereunder are not exclusive and are in <br />addition to any other remedies at law. <br /> <br />m. Class Action Waiver. County and Provider agree that under no <br />circumstances, whether in arbitration or otherwise, may County bring any <br />claim against the Provider, or allow any claim that the County may have <br />against the Provider to be asserted, as part of a class action, on a consolidated <br />or representative basis or otherwise aggregated with claims brought by, or on <br />behalf of, any other entity or person, including other customers of the <br />Provider. <br />n. Notices. Any notice required by this Agreement shall be in writing and <br />delivered by certified or registered mail, return receipt requested to the <br />following: <br /> Orange County WM Recycle America, L.L.C. <br />Attention: 800 Capitol, Suite 3000 <br />P.O. Box 8181 Houston, TX 77002 <br />Hillsborough, NC 27278 Attn.: President <br /> <br /> Waste Management of Carolinas, Inc. <br /> Ballantyne Two <br />13777 Ballantyne Corporate Place, Ste 320 <br />Charlotte, NC 28277 <br />Attn.: President <br />DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C