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Revised 01/24 3 <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 <br />such litigation 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 costs and <br />fees, including attorneys’ fees. <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 />IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and <br />the Provider. <br />ORANGE COUNTY <br />By: <br />_________________________ <br />County Manager <br />PROVIDER <br />By: _________________________ <br />Moser Services Group, LLC d/b/a <br />EV Charge Solutions <br />500 Canal View Blvd Suite 100 <br />Rochester, NY 14623 <br />Docusign Envelope ID: 17376B40-F266-4EAA-9C62-48006BF43380 <br />2/24/2026 <br />3/3/2026