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reached, the CMAR will have the authority to make such equitable adjustment as it <br />deems warranted and the Final Payment will be made accordingly. <br />C) Materials obtained by the Contractor for the Work that have been inspected and <br />accepted by the Designer and that are not incorporated in the Work shall, at the <br />request of the Contractor, be purchased from the Contractor at the Contractor's <br />actual cost as shown by receipted bills and actual costs records at such points of <br />delivery as may be determined by the CMAR. <br />d) No payment shall be made by the CMAR to the Contractor except as herein above <br />provided. No claim for loss of anticipated profits shall be considered or allowed. <br />e) Termination of the Contract shall not relieve the Contractor of its responsibilities for <br />any completed portion of the Work nor shall it relieve its sureties of their obligation <br />for and concerning any just claims arising out of the Work performed. <br />In the event of termination or suspension by the CMAR for convenience, the Contractor <br />shall not be entitled to any other compensation, including compensation for lost profit, lost <br />opportunity, or any other direct or consequential cost, loss, or damage. <br />ARTICLE 36. MINORITY BUSINESS ENTERPRISE PROGRAM <br />35.1 The Contractor shall at all times comply with the latest edition of the Orange County <br />Minority Business Enterprise Policy. All documentation substantiating compliance with the <br />requirements of this program shall be delivered to the CMAR as stipulated in the Contract <br />Documents. A copy of the Orange County Minority Business Enterprise Policy is Appendix <br />C hereof and is included in the Project Manual. <br />ARTICLE 36. GENERAL <br />36.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder <br />of the Agreement shall continue in full force and effect. <br />36.2 The titles to Articles herein are for convenience only, are not substantive parts of the <br />General Conditions, and are not to be considered in interpreting the Contract Documents. <br />END OF GENERAL CONDITIONS OF THE <br />CONTRACT FOR CONSTRUCTION -- <br />CONSTRUCTION MANAGER AT RISK <br />F:\Lisa\orangecounty\Orange County Library and Office Complex General Conditions.doc <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 42 of 42 JUNE 2007 EDITION