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Revised 12/18 3 <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. <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 and 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 and non-appropriation of public funds. <br /> <br />IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective <br />as of the day first written above. <br /> <br />ORANGE COUNTY <br />By: <br /> <br />Department Director <br />300 W. Tryon St.. <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />PROVIDER <br />By: <br />Title: <br /> <br />Lesly Penick <br />4128 Cobblestone Place <br />Durham, NC 27707 <br />Docusign Envelope ID: C5238902-186E-4A31-8D1B-71F0A0EB1BE5Docusign Envelope ID: F7CB9190-E325-467F-B453-384FDC5E9311 <br />Lesly Penick