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Revised 01/24 <br /> <br /> <br />3 <br />Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by <br />reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this <br />requirement is a breach of this Agreement and County may immediately terminate this Agreement without <br />further obligation on the part of the County. This paragraph is not intended to limit and does not limit the <br />definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not <br />been identified, and has not utilized the services of any agent or subcontractor identified, on the list created <br />by the State Treasurer pursuant to G.S. 147-86.58. 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. 147-86.81. By executing this Agreement Provider <br />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 <br />this Agreement shall have priority in any conflict with or among the terms of such referenced documents, <br />exhibits. <br /> <br />9. Third Party Beneficiaries: There are no third-party beneficiaries of this Agreement and <br />nothing in this Agreement, express or implied, is intended to confer on any person other than the parties <br />hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. <br /> <br />10. 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 />11. 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. Jeff Evans, President <br />P.O. Box 8181 PO Box 91145 <br />Hillsborough, NC 27278 Raleigh, NC 27675 <br /> <br />Docusign Envelope ID: 7BD2113D-FC5A-4235-B4D4-B99B55187E03 <br />CFO