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Small Service Contract Revised 9/2019 Page 2 of 4 <br /> <br />authority of their respective statutory mandates. In the event that public funds are <br />unavailable and not appropriated for the performance of either Party’s obligations under <br />this agreement, then this agreement shall automatically expire without penalty to either <br />Party, thirty (30) days after written notice to the other advising of the unavailability and <br />non-appropriation of public funds. It is expressly agreed that neither Party shall activate <br />this non-appropriation provision for its convenience, or to circumvent the requirements of <br />this agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, <br />which affect generally is governmental operations, <br /> <br />6. Ownership: Town of Chapel Hill will inspect and sign-off on the cleaning by SERVPRO. <br /> <br />7. Amendment: This Contract may be amended in writing by mutual agreement of the Town <br />and Contractor. <br /> <br />8. Termination: Either party may terminate this Contract at any time by giving the other party <br />thirty (30) days written notice of termination prior to the end of the term as described <br />herein. <br /> <br />9. Interpretation/Venue: This Contract shall be construed and enforced under the laws of <br />North Carolina. The courts and the authorities of the State of North Carolina shall have <br />exclusive jurisdiction over all controversies between the parties which may arise under or <br />in relation to this Contract. In the event of any dispute between the parties, venue is <br />properly laid in Orange County, North Carolina for any state court action and in the Middle <br />District of North Carolina for any federal court action. Contrary to any provision that may <br />be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any <br />dispute by means of arbitration and/or 2) waiver of a trial by jury. <br /> <br />10. Preference: In the event that the terms of any exhibit attached hereto are not consistent with <br />the terms of this Contract, this Contract shall have preference; provided that where either <br />any exhibit attached hereto or this Contract establishes higher standards for performance <br />by either party, the higher standard, wherever located, shall apply. <br /> <br />11. Severability: The parties intend and agree that if any provision of this Contract or any <br />portion thereof shall be held to be void or otherwise unenforceable, all other portions of <br />this Contract shall remain in full force and effect. <br /> <br />12. Assignment: This Contract shall not be assigned without the prior written consent of the <br />parties. <br /> <br />13. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no <br />other warranties, inducements, considerations, promises, or interpretations shall be implied <br />or impressed upon this Contract that are not expressly addressed herein. All prior <br />agreements, understandings and discussions are hereby superseded by this Contract. <br /> <br />14. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the <br />Town certified statements setting forth, the cost of all materials purchased from each <br />DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E