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11 <br /> Owner: Contractor: <br /> Orange County T&K Construction LLC <br /> Attn: Gayle Wilson 235 County Road 1242 <br /> P.O. Box 8181 Vinemont, AL 35179 <br /> Hillsborough,NC 27278 <br /> 8. 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 required by the Contract Documents and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor. 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 reveal 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 /> d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner <br /> reject any portion of the Work for failing to comply with the Contract Documents Contractor <br /> shall immediately, at Contractor's expense, correct the Work. Any such rejection may be <br /> made before or after substantial completion. If applicable, any additional expense borne by the <br /> Designer under this section shall be paid at Contractor's expense. <br /> e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br /> entirety without the prior written consent of the Owner. <br /> 9. CONSEQUENTIAL DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential damages. <br /> Consequential Damages include: <br /> (i) Damages incurred by Owner for loss of use,income, financing, or business. <br /> (ii) Damages incurred by Contractor for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> 10. ENTIRE AGREEMENT <br /> All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, <br /> together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, <br /> labor, materials and completed construction required by the Contract Documents and all parts thereof is the <br /> Revised 1/14 5 <br />