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14 <br />P.O. Box 8181 P.O. Box 19424 <br />Hillsborough, NC 27278 Greensboro, NC 27419 <br />11. MISCELLANEOUS <br />a. Duties and Obligations imposed by the Contract Documents shall be in addition to any <br />Duties and Obligations imposed by state, federal or local law, rules, regulations and <br />ordinances. <br />b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or <br />duty granted them under the Contract Documents, nor shall any act or failure to act <br />constitute any approval except as specifically agreed in writing. <br />c. The Work shall be tested and inspected as required by the Contract Documents and as <br />required by law. Unless prohibited by law the costs of all such tests and inspections <br />related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, <br />Mechanical and Building Codes shall be borne by the Contractor. The costs for material <br />and structural testing shall be conducted by an independent third party at the expense of the <br />Owner. Delays related to any of the aforementioned tests and inspections shall not be <br />grounds for delaying the completion of the work. If any such tests and inspections reveal <br />deficiencies in the Work such that the Work does not comply with terms or requirements <br />of the Contract Documents and/or the requirements of any code or law the Contractor is <br />solely responsible for the cost of bringing such deficiencies into compliance with the terms <br />of the Contract Documents and/or any code or law. <br />d. Should the Architect, if an architect is retained for the project involving the Work, or <br />Owner reject any portion of the Work for failing to comply with the Contract Documents <br />Contractor shall immediately, at Contractor's expense, correct the Work. Any such <br />rejection may be made before or after substantial completion. If applicable, any additional <br />expense borne by the Architect under this section shall be paid at Contractor's expense. <br />e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in <br />its entirety without the prior written consent of the Owner. <br />12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br />a. Owner and Contractor mutually waive any claim against each other for consequential <br />damages. Consequential Damages include: <br />i. Damages incurred by Owner for loss of use, income, financing, or business. <br />ii. Damages incurred by Contractor for office expenses, including personnel, loss of <br />financing, profit, income, business or damage to reputation. <br />b. Liquidated damages shall be in accord with the Contract Documents. <br />13. TERMINATION OR SUSPENSION <br />a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or <br />interrupt the Work in whole or in part for such period of time as the Owner may determine. <br />In the event of termination by the Owner under this Agreement, the Contractor shall be <br />entitled to receive its reasonable and documented direct costs prior to termination, <br />Revised December 2010 7 <br />