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DocuSign Envelope ID:489DFD84-DFCE-4E07-BB35-5F6A708DFA3A <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 /> 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 <br /> unavailability and non-appropriation of public funds. It is expressly agreed that Owner <br /> shall not activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during a <br /> 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 <br /> shall automatically terminate without penalty to Owner upon written notice to Contractor <br /> of such limitation or change in Owner's legal authority. <br /> 10. NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered <br /> mail, return receipt requested to the following: <br /> Owner: Contractor: <br /> Orange County Lomax Construction, Inc. <br /> Attn: Jeff Thompson Attn: Charlie Johnson <br /> P.O. Box 8181 PO Box 35169 <br /> Hillsborough,NC 27278 Greensboro,NC 27425 <br /> 11. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any <br /> Duties and Obligations imposed by state, federal or local law, rules, regulations and <br /> 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 <br /> constitute 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 <br /> required by law. Unless prohibited by law the costs of all such tests and inspections <br /> Revised 10/14 6 <br />