Orange County NC Website
Revised 01/24 <br /> <br />amendments or modifications may be executed electronically. All electronic signatures affixed <br />hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the <br />parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br /> <br />5. Governing Law and Priority: Both parties agree the Agreement is governed by the laws of the State of <br />North Carolina and Orange County. Provider shall at all times remain in compliance with all <br />applicable local, state, and federal laws, rules, and regulations including but not limited to all <br />state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County <br />Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy <br />is incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation <br />of this requirement is a breach of the Agreement and County may immediately terminate the <br />Agreement without further obligation on the part of the County. This paragraph is not intended to <br />limit and does not limit the definition of breach to discrimination. By executing the Agreement <br />Provider certifies that Provider has not been identified, and has not utilized the services of any <br />agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- <br />86.58. By executing the Agreement Provider certifies that Provider has not been identified, and <br />has not utilized the services of any agent or subcontractor identified, on the list created by the <br />State Treasurer pursuant to G.S. 147-86.81. By executing the Agreement Provider affirms <br />Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina <br />General Statutes. In addition to this Addendum, should any documents, exhibits, or other <br />addenda be attached to the Agreement, the terms of this Addendum shall have priority in any <br />conflict with or among the terms of the Agreement and such referenced documents, exhibits, or <br />other addenda. <br /> <br />6. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by <br />nonbinding mediation in Orange County, North Carolina or within twenty-five (25) miles thereof. <br />If such mediation fails either party may initiate litigation to resolve the dispute. Should either <br />party initiate litigation to settle any dispute involving the terms of the Agreement such litigation <br />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 <br />costs and fees, including attorneys’ fees. <br /> <br />7. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of the <br />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 <br />County’s obligations under the Agreement, then the Agreement shall automatically expire <br />without penalty or further obligation to County immediately upon written notice to Provider of <br />the unavailability or non-appropriation of public funds. <br /> <br /> <br /> IN TESTIMONY WHEREOF, this Addendum has been executed by the parties hereto, as of the date first above <br />written. <br /> <br />ORANGE COUNTY PROVIDER <br /> <br />______________________________ __________________________________ <br />Bonnie Hammersley Frederick Frank <br />County Manager Vice President <br /> <br /> <br />Docusign Envelope ID: 08DF66F0-269F-4205-9D7B-EDF7B4AAC0D9