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d. By executing this Agreement Contractor agrees to abide by and be bound by the <br /> indermiification provisions herein and of Section 7(c) specifically. <br /> 8. DISPUTE RESOLUTION AND GOVERNING LAW <br /> a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract <br /> Documents the architect shall serve as the initial decision-maker, unless there is no <br /> architect retrained on the project related to the Work. Owner and Contractor further agree <br /> as follows: <br /> i. If there is no architect retained for the Work, Owner and Contractor agree, prior to <br /> the initiation of any civil litigation, to submit to mediation by agreeing on an <br /> individual to serve as mediator to mediate the dispute. <br /> ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as <br /> mediator Owner may select a mediator to mediate the dispute. <br /> iii. Any mediator selected under this section shall be an attorney licensed to practice <br /> law in the State of North Carolina and shall be generally recognized as having <br /> experience in mediating construction disputes. <br /> iv. Owner and Contractor agree to equally share in the cost of a mediator selected <br /> under this section. <br /> b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of <br /> this Agreement. Any and all suits or actions to enforce, interpret or seek damages with <br /> respect to any provision of, or the performance or nonperformance of, this Agreement or <br /> the Contract shall be brought in the General Court of Justice of North Carolina sitting in <br /> Orange County, North Carolina and it is agreed by the parties that no other court shall have <br /> jurisdiction or venue with respect to such suits or actions. Provider shall at all times <br /> remain in compliance with all applicable local, state, and federal laws, rules, and <br /> regulations including but not limited to all anti-discrimination laws. <br /> c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other <br /> Party within thirty (30) days of the occurrence of the event giving rise to the claim or <br /> within thirty (30) days of the discovery of the event or condition giving rise to the claim, <br /> whichever is 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 <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 /> Revised 9/13 5 <br />