Orange County NC Website
<br />l. 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 /> <br /> <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 /> <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 /> <br /> <br />The rest of this page intentionally left blank <br /> <br />Page 8 of 19 <br />10 <br />Docusign Envelope ID: A0400265-F3F7-4308-BB98-2C447EA2C29C