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10 <br /> I. Piggybacking. To the extent allowed by law, any public procurement unit, within or without <br /> the Customer's state, is permitted under applicable law to purchase services, supplies, <br /> materials,equipment,and other personal property under the terms of a contract entered into <br /> by another awarding or sponsoring public procurement unit pursuant to the process <br /> commonly known as "piggybacking," the Parties hereby consent thereto and, to the extent <br /> permitted under applicable law, hereby extend this option to other public procurement units <br /> for the items and services that are the subject of this Agreement. Governmental entities <br /> wishing to use this Contract will be responsible for issuing their own purchase <br /> documents/price agreements, providing for their own acceptance, and making any <br /> subsequent payments. A contract entered into with another agency or entity that is entered <br /> into as an extension of this Contract, will hold harmless the Customer and each government <br /> entity and their members from all claims, demands, actions or causes of actions of every kind <br /> resulting directly or indirectly, arising out of, or in any way connected with the use of this <br /> Contract. Failure to do so will be considered a material breach of this Contract and grounds <br /> for immediate Contract termination. The Customer makes no guarantee of usage by other <br /> users of this Contract. <br /> m. Non Appropriation: Consultant acknowledges that Customer is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of <br /> its statutory mandate. In the event that public funds are unavailable and not appropriated for the <br /> performance of Customer's obligations under this Agreement, then this Agreement shall <br /> automatically expire without penalty to the Customer immediately upon written notice to <br /> Everbridge of the unavailability and non-appropriation of public funds. <br /> n. Signatures: This Agreement together with any amendments or modifications may be executed <br /> electronically.All electronic signatures affixed hereto evidence the intent of the Parties to comply <br /> with Article 11A and Article 40 of the North Carolina General Statutes Chapter 66. <br /> The rest of this page intentionally left blank <br /> Page 8 of 19 <br />