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5. If at any time during the term of this Agreement, the `chnA AAaFd <br />state, federal OF Ath ' PF f- - IRFIS that FA@Y be used te pay the SaIaFieS, 106al swpplemeRt5 ef <br />PE)SitiGRS funded i n the ApPFGPF*at'GRs Aet of 2011 (SL 2011 145) OF Feee st <br />h ^ « ^,I^. o.^^.^. the State of North Carolina reduces or eliminates the <br />Law 2011 -145) or the School Board receives additional funding from any <br />source that may be used to fund these current operations =expenses, then <br />the School Board will pay back to the County <br />i <br />F a I s eF t heF F .^as ,t Ferpiveq an amount equaloto =the reduction in the <br />LEA adjustment or the additional funds ► - receives that could have been used <br />to fund these current operations expenses to`the full ~amount of the County's <br />special, restricted appropriation of $500;000.00`- (FIVE HUNDRED THOUSAND <br />DOLLARS), regardless of whether the School Board actually uses the additional funds <br />to pay for these specific current operations` expenses;" <br />6. If at any time during the term of this, agreement, the School Board does not <br />is HUNDRED THOUSAND DOLLARS)7proviaed by the Board of Commissioners and the <br />$400,000.00 (FOUR HUNDRED THOUSAND DOLLAR) match for the purposes <br />set out herein, the Schoob;Board %will refund to the County an amount equal to the <br />difference between „the actual expenditures and $900,000.00 (NINE HUNDRED <br />HUNDRED THOUSAND DOLLARS). <br />7 r The< parties' agree that notwithstanding the provisions of North Carolina <br />General Statute § 115C -424, the use and potential refund of the special restricted <br />appropriation is to be controlled and governed exclusively by this agreement which <br />”- only.;,may be enforced as a contract between the parties through a civil action filed in <br />a <br />the General Courts of Justice of Lee County. <br />5� a <br />r 8F The parties also agree that allocation of this special restricted appropriation to <br />the School Board is contingent upon the availability of sufficient County funds aad that <br />and that it is further <br />conditioned upon the allocation being and remaining consistent with the <br />fiscal policies of the Board of County Commissioners. <br />11 <br />3 <br />