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DocuSign Envelope ID:922D6914-A933-4C2E-BCA1-695766A5D6D2 <br /> shall automatically terminate without penalty to County upon written notice to Provider <br /> of such limitation or change in County's legal authority. <br /> i. -Signatures. This Agreement together with any amendments or modifications may be <br /> executed electronically. All electronic signatures affixed hereto evidence the intent of <br /> the Parties to comply with Article 11A and Article 40 of North Carolina General Statute <br /> Chapter 66. <br /> j Defect Notice. The County shall provide notice to the Provider if the County becomes <br /> aware of any defect(s) or suspected defect(s) in the Provider's professional services or <br /> Instruments of Service, so that the Provider may be afforded the opportunity to address <br /> such alleged defect(s). Failure by the County to notify the Provider of the discovery or <br /> suspicion of such defect(s) shall relieve the Provider of liability for any damages caused <br /> by the defect(s) in excess of the damages that would have been incurred if the County <br /> had given notification to the Provider when such defect(s) were first discovered or <br /> suspected by the County and the Provider had promptly corrected such defects. Notice <br /> as required in this subsection shall be provided as promptly as is reasonable under the <br /> circumstances existing at the time. <br /> k. Fiduciary Responsibility. Neither the Provider nor the Provider's consultants have <br /> offered any fiduciary service to the County and no fiduciary responsibility shall be owed <br /> to the County by either the Provider or the Provider's consultants as a consequence of <br /> the County and Provider entering into this Agreement. <br /> 1. Third Party Rights. Nothing in this Agreement or related to the performance of this <br /> Agreement is intended to create any third-party rights or benefits for or in any other <br /> person or entity for any purpose. <br /> in. Consequential Damages. The Provider and County waive consequential damages for <br /> claims, disputes, or other matters in question arising out of or relating to this Agreement. <br /> This mutual waiver is applicable, without limitation, to all consequential damages <br /> including but not limited to those due to either party's termination of this Agreement. <br /> n. Notices. Any notice required by this Agreement shall be in writing and delivered by <br /> certified or registered mail, return receipt requested to the following: <br /> Orange County Provider's Name &Address <br /> Attention: Jeff Thompson Moseley Architects <br /> P.O. Box 8181 11430 North Community House Road <br /> Hillsborough,NC 27278 Charlotte,NC 28277 <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 10/14 7 <br />