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<br />regulation, federal, state or local, now or hereafter in existence, governing or relating to the <br />creation, use, storage, sale, retention, or transportation of hazardous or toxic substances <br />and wastes; in the plans, rules, regulations or ordinances adopted, or other criteria and <br />guidelines promulgated pursuant to the preceding laws or other similar laws, regulations, <br />rule or ordinance now or hereafter in effect; and any other substances, constituents or <br />wastes subject to environmental regulations under any applicable federal, state or local law, <br />regulation or ordinance now or hereafter in effect. “Hazardous Substance” includes but is <br />not restricted to asbestos, polychlorobiphenyls (“PCBs”), and petroleum (in any form or <br />nature). <br /> <br /> Hazardous Substances shall not include fuel maintained on site to fuel any <br />emergency power generators and other required equipment used at the Facility and shall <br />not include typical cleaning supplies, all of which Manager shall use, hold, and store in in <br />commercially reasonable quantities and conditions for use in accordance with label <br />instructions. <br /> <br />13.20 States of Emergency. During any state of emergency affecting Orange <br />County that is declared or proclaimed pursuant to the authority granted by Article 1A of <br />North Carolina General Statute 166A the Owner may suspend the terms of this Agreement, <br />restrict access to the Facility, and utilize the Facility as may be needed if it is determined by <br />Orange County officials that doing so will assist in addressing the cause or effects of the <br />emergency. Action taken pursuant to this section shall not constitute a default or breach of <br />the Agreement by either party. <br /> <br />13.21 Non-Appropriation. Manager acknowledges that Owner is a <br />governmental entity, and the validity of this Agreement is based upon the availability of <br />public funding under the authority of its statutory mandate. If public funds are unavailable <br />or not appropriated for the performance of Owner’s obligations under this Agreement, then <br />this Agreement shall automatically expire without penalty to Owner immediately upon <br />written notice to Manager of the unavailability or non-appropriation of public funds. In the <br />event of a change in the Owner’s statutory authority, mandate, or mandated functions, by <br />state or federal legislative or regulatory action or state or federal judicial action, which <br />adversely affects Owner’s authority to continue its obligations under this Agreement, then <br />this Agreement shall automatically terminate without penalty to Owner upon written notice <br />to Manager of such limitation or change in Owner’s legal authority. <br /> <br />13.22 Signatures. This Agreement together with any amendments or <br />modifications may be executed electronically. All electronic signatures affixed hereto <br />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 <br />66. <br /> <br />13.23 Priority. In any dispute regarding the meaning of any term or provision <br />herein or of the responsibilities of the parties the parties may reference the Owner’s Request <br />for Proposals together with attachments (“RFP”), the Facility Policy Manual, and the <br />Manager’s Proposal together with attachments and such documents may inform the parties <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE