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. 013 <br /> . � <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 statutory <br /> mandate. <br /> � <br /> b. ln 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 immediatel u on written notice to <br /> Y P Contractor of the unavailabili � <br /> tY <br /> and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this � <br /> non-appropriation provision for its convenience or to circumvent the requirements of this <br /> Agreement,but only 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 andlor mandated <br /> functions, by state and/or federal legislative or regulatory action, whieh 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 /> limitation or change in Owner's legal suthority. '' <br /> 10. NOTICES . ' <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> retum receipt cequested to the following: . <br /> Owner: Contractor: ' <br /> Orange County W.L.Bishop Construction Company,Inc. � ' <br /> Attn: Jeff Thompson 2211 Leah 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 Duties <br /> and Obligations imposed by state,federal or local law,rules,regulations and 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 constitute <br /> any approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as reyuired by the Contract DocumeMs and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal cfldes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contra.ctor. The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the Owner. Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of <br /> the work. If any such tests and inspections revea(deficiencies in the Work such that the Work <br /> does not comply with terms or requirements of the Contract Documents and/or the <br /> requirements of any code or law the Contractor is solely responsible for the cost of bringing <br /> such deficiencies into compliance with the terms of the Contract Documents and/or any code <br /> or law. <br /> Revised Novembar 2011 <br />