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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. LIEN WAIVER <br /> a. Contractor acknowledges that Owner is a governmental entity and pursuant to N.C. Gen. <br /> Statute 44A-34 Contractor is prohibited from filing a claim of lien on the real property <br /> and/or funds of the Owner. <br /> b. The Contractor hereby waives, discharges, and releases any and all liens, claims, and rights <br /> to liens against the above-mentioned project, and against any and all funds of the Owner <br /> appropriated or available for the construction of said project, and any and all warrants <br /> drawn upon or issued against any such funds or monies, which the undersigned Contractor <br /> may have or may hereafter acquire or possess as a result of the furnishing of labor, <br /> materials, and/or equipment, and the performance of Work by the Contractor on or in <br /> connection with said project, whether under and pursuant to the above-mentioned contract <br /> between the Contractor and the Owner pertaining to said project or otherwise, and which <br /> said liens, claims or rights of lien may arise and exist. <br /> c. By executing this Agreement Contractor agrees to abide by and be bound by the provisions <br /> of this Section. <br /> 12. 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 /> Revised December 2010 7 <br />