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10 <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 />c. In the event of a change in the Owner's statutory authority, mandate and/or mandated <br />functions, by state andlor 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 Warren Hay Mechanical Contractors <br />Attn: Pam Jones 214 Millstone Drive <br />P.O. Box 8181 Hillsborough, NC 27278 <br />Hillsborough, NC 27278 <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 />Revised December 2010 6 <br />