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Page 3 of 6 <br /> <br />executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of <br />Chapter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be <br />attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among <br />the terms of such referenced documents, exhibits. <br /> <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 <br />hereto (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 <br />the dispute. Should either party initiate litigation to settle any dispute involving the terms of this <br />Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br />Orange County, North Carolina. Regardless of the outcome of said litigation each party is responsible for <br />its own costs and fees, 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 <br />statutory mandate. In the event that public funds are unavailable or not appropriated for the performance <br />of County’s obligations under this Agreement, then this Agreement shall automatically expire without <br />penalty to County immediately upon written notice to Provider of the unavailability or non -appropriation <br />of public funds. <br /> <br />IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County <br />and the Provider. <br /> <br />ORANGE COUNTY PROVIDER <br /> <br />By: _________________________ By: _________________________ <br /> Department Director Muluken Hass <br />P.O. Box 8181 Durham, NC <br />Hillsborough, NC 27278 <br /> <br />Docusign Envelope ID: FD296D4E-3F00-89FA-81D7-3BC5877AF858