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13 <br />b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br />this Agreement. Any and all suits or actions to enforce, interpret or seek damages with <br />respect to any provision of, or the performance or nonperformance of, this Agreement or <br />the Contract shall be brought in the General Court of Justice of North Carolina sitting in <br />Orange County, North Carolina and it is agreed by the parties that no other court shall have <br />jurisdiction or venue with respect to such suits or actions. <br />c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other <br />Party within thirty (30) days of the occurrence of the event giving rise to the claim or <br />within thirty (30) days of the discovery of the event or condition giving rise to the claim, <br />whichever is later. <br />i. Should any claim be made, regardless of whether such claim is made by Owner or <br />Contractor, Contractor shall continue to faithfully and diligently perform the Work <br />in such a manner as to meet all scheduled timelines. Any failure to faithfully and <br />diligently perform the Work may be deemed, by the Owner, a breach of the <br />Contract. <br />ii. If a claim is made such claim shall be made to the initial decision maker, if <br />applicable, who may request more supporting data, reject the claim in whole or in <br />part, approve the claim in whole or in part or advise the parties the claim is unable <br />to be resolved. <br />iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the <br />surety. <br />9. NON-APPROPRIATION <br />a. Contractor acknowledges that Owner is a governmental entity, and the validity of this <br />Agreement is based upon the availability of public funding under the authority of its <br />statutory mandate. <br />b. In the event that public funds are unavailable and not appropriated for the performance of <br />Owner's obligations under this Agreement, then this Agreement shall automatically expire <br />without penalty to Owner immediately upon written notice to Contractor of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that Owner <br />shall not activate this non-appropriation provision for its convenience or to circumvent the <br />requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br />In the event of a change in the Owner's statutory authority, mandate andlor mandated <br />functions, by state and/or federal legislative or regulatory action, which adversely affects <br />Owner's authority to continue its obligations under this Agreement, then this Agreement <br />shall automatically terminate without penalty to Owner upon written notice to Contractor <br />of such limitation or change in Owner's legal authority. <br />10. NOTICES <br />Any notice required by this Agreement shall be in writing and delivered by certified or registered <br />mail, return receipt requested to the following: <br />Owner: Contractor: <br />Orange County H.M. Kern Corporation <br />Attn: Pamela Jones Peter Upchurch <br />Revised December 2010 6 <br />