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Revised 04/23 <br /> <br /> <br />3 <br />the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced <br />documents, exhibits. <br /> <br />9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be <br />resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the <br />dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement <br />such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, <br />North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and <br />fees, including attorneys’ fees. <br /> <br />10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br />mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br />immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. <br /> <br />IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and <br />the Provider. <br /> <br />ORANGE COUNTY PROVIDER <br /> <br />By: _________________________ By: _________________________ <br /> Department Director Title: ________________________ <br />200 S. Cameron St. Triangle Pond Management, LLC <br />P.O. Box 8181 405 S. Rogers Ln <br />Hillsborough, NC 27278 Raleigh, NC 27610 <br /> <br />DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 <br />11/14/2023 <br />Stormwater Repairs Division Manager <br />11/16/2023