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14 <br /> thirty (30) days of the discovery of the event or condition giving rise to the claim,whichever is <br /> later. <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 in <br /> 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 Contract. <br /> (ii) If a claim is made such claim shall be made to the initial decision maker, if applicable, <br /> who may request more supporting data, reject the claim in whole or in part, approve <br /> the claim in whole or in part or advise the parties the claim is unable 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 /> 11. 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 penalty 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-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 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 /> limitation or change in Owner's legal authority. <br /> 12. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County Warren-Hay Mechancial <br /> Attn: Wayne Fenton Ron Lapann <br /> P.O. Box 8181 P.O. Box 818 <br /> Hillsborough,NC 27278 Hillsborough,NC 27278 <br /> 13. DESIGNER <br /> a. The Designer is charged with responsibility for interpretation of the Contract Documents. The <br /> Designer's decisions related to aesthetic matters shall be final. <br /> b. All Work completed pursuant to the Contract Documents shall be subject to review by the <br /> Designer. Any Work completed without review or prior authorization by the Designer shall be <br /> subject to full replacement at Contractor's expense. <br /> c. The Designer shall be Owner's agent during the construction period. The duties, <br /> responsibilities and authority of the Designer as the Owner's representative during construction <br /> Revised November 2011 10 <br />