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Revised 01/24 <br /> <br /> <br />3 <br />violation of this requirement is a breach of this Agreement and County may immediately terminate this <br />Agreement without further obligation on the part of the County. This paragraph is not intended to limit and <br />does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that <br />Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on <br />the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider <br />certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor <br />identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement <br />Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina <br />General Statutes. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this <br />Agreement shall have priority in any conflict with or among the terms of such referenced 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 such <br />litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North <br />Carolina. Regardless of the outcome of said litigation each party is responsible f or its own costs and fees, <br />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. Antoine Kinch <br />P.O. Box 8181 7713 Serenity Lake Drive <br />Hillsborough, NC 27278 Wake Forest, NC 27587 <br /> <br />DocuSign Envelope ID: E83D74A7-F992-4556-967F-FFE8EAB83D8A <br />Owner