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41 <br />iii. Contractual Liability (Bodily Injury. and Property Damage $500,000 Each <br />Occurrence; Property Damage $1,000,000 Aggregate). <br />iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). <br />V. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each <br />Person/Each Accident, $300,000 Each Occurrence;. Property Damage $100,000 Each <br />Occurrence). <br />b. .Additional Insured --The Owner shall be named as additional insured on all farms of insurance <br />except Worker's Compensation. Each certificate of insurance and policy required. hereunder, <br />except the worker's compensation policy, shall bear the provision that "The policy cannot be <br />canceled or reduced in amount and that coverage cannot be eliminated-in less than thirty (30) days <br />after mailing written, notice to the Owner of such alteration, cancellation, or elimination, the <br />- written notice to be sent by Certified. Mail." <br />c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the <br />Contract and payment of.all obligations arising under any of the Contract Documents or related- in <br />any way to- the Work- Contractor -shall immediately furnish a copy of such bonds to any <br />requesting person who appears to be a potential beneficiary of bonds covering payment <br />obligations arising under any of the Contract Documents. <br />SECTION XXI:. 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 statutory <br />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 pej)alty to Owner immediately upon written notice to- Contractor of the unavailability <br />and non_ appropriation -of public funds. It is expressly agreed that Owner shall not activate this <br />non- appropriati:on::provision for its convenience or to circumvent --the requirements of this <br />Agreement, bu.tbtily as an emergency. .fiscal measure during a substantial fiscal crisis. <br />C, In the event of a change in the Owner's statutory authority, mandate and/or 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 shall <br />automatically terminate without penalty to Owner upon written notice. to Contractor of such <br />Iimitation or change in. Owner's legal authority. <br />SECTION XXII: Miscellaneous <br />a. Waiver: No .act or failure to act by the Owner or Contractor shalt constitute a waiver of <br />any right or duty granted their under the Contract Documents, nor shall any act or failure <br />to act constituteany approval except as specifically agreed in writing. <br />b. Governing Law and Jurisdiction: The laws of the State of North Carolina shall apply to <br />the interpretation and enforcement of this Agreement. Any and all suits or actions to <br />enforce, interpret or seek damages with respect to any. provision of, or the performance or <br />nonperformance of, this Agreement or the Contract shall be brought in the General Court <br />of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by <br />the parties thatno'other court shall have jurisdiction or vetzue with respect to such suits or <br />actions. <br />!' c. Claims: Notice of an claim b Owner or Contractor must be initiated <br />-, Y Y by written notice <br />to the other Patty within thirty (30) .days of the occurrence of the event giving rise to the <br />claim or within thirty (30) days of the discovery of the event or condition giving rise to <br />the claim, whichever is later. <br />4 <br />