AG 2008 01 22 - Laserfiche WebLink

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VIII. ENTIRE AGREEMENT The Provider and the County agree that this document constitutes the entire agreement between the two parties and may only be modified by a written mutual agreement signed by the parties. IX. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. X. WAIVER Failure of the County to enforce, at any time, any of the provisions of this Agreement, or to request at any time performance by Provider of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part thereof, or the right of the County to enforce each and every provision. XI. NON-APPROPRIATION If this agreement requires performance and appropriations for payment for services in future fiscal years, the validity of this contract is based upon the availability of public funding under the statutes delegating the County its powers. In the event that the County's enabling legislation is changed so as to prohibit the activities contemplated by this contract or should public funds become unavailable and not appropriated for the continuation of this contract, the parties' obligations hereunder will automatically expire without penalty ten (10) days after written notice to the Provider of such occurrence. It is understood that the County will not exercise this provision for its convenience, but only as an emergency fiscal measure. IN WITNESS WHEREOF, the County and the Provider have set their hands and seals as of the day and year first above written. CABARRUS COUNTY, NORTH CAROLINASPATIAL FOCUS, INC. By: By: Martha Lombard Cabarrus County, NC Mailing Address: Spatial Focus, Inc. 5050 Wagon Trace Birmingham, AL 35242 Federal Tax ID # 63-1214459 This instrument has been pre-audited in the manner required By the Local Government Budget and Fiscal Control Act. FINANCE OFFICER