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Revised 01/24 <br /> <br /> <br />3 <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 hereto <br />(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 such <br />litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North <br />Carolina. Regardless of the outcome of said litigation each party is responsible f or its own costs and fees, <br />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. <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br /> <br />Docusign Envelope ID: 55C10F80-889A-4F10-9C76-7F6DB067F1FE <br />Financial Director