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Docusign Envelope ID : 177AA06A-30B442FF-A85A-78B5A7C51 DBE <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 /> 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 /> 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 /> 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 /> 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 /> 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 (" UP " ) , the Facility Policy Manual , and the <br /> Manager' s Proposal together with attachments and such documents may inform the parties <br />