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DocuSign Envelope ID:989208A2-AC78-4885-B25B-F162607F73BE <br /> d. Should the Architect, if an architect is retained for the project involving the Work, or <br /> Owner reject any portion of the Work for failing to comply with the Contract Documents <br /> Contractor shall immediately, at Contractor's expense, correct the Work. Any such <br /> rejection may be made before or after substantial completion. If applicable, any additional <br /> expense borne by the Architect 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 <br /> its entirety without the prior written consent of the Owner. <br /> f. This Agreement together with any amendments or modifications may be executed <br /> electronically. All electronic signatures affixed hereto evidence the intent of the Parties to <br /> comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. <br /> 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential <br /> damages. 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 /> b. Liquidated damages shall be in accord with the Contract Documents. <br /> 13. TERMINATION OR SUSPENSION <br /> a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or <br /> interrupt the Work in whole or in part for such period of time as the Owner may determine. <br /> In the event of termination by the Owner under this Agreement, the Contractor shall be <br /> entitled to receive its reasonable and documented direct costs prior to termination, <br /> including the cost of materials purchased for the Work which purchases cannot be canceled <br /> or which material cannot reasonably be used by the Contractor on other work, and the cost <br /> of closing down the work in a safe and efficient manner. <br /> i. If Owner orders a delay, suspension or interruption of the Work, and such order is <br /> not due to or as a result of any fault on the part of the Contractor, the Contractor <br /> may recover a per diem amount at a rate calculated by NA. <br /> ii. If Contractor elects to accept the amount listed in the General Conditions provision <br /> of the Construction Documents Contractor waives any right to further claims for <br /> payment of damages sustained as a result of Owner's order to delay, suspend or <br /> interrupt the Work. <br /> b. Contractor may terminate the Contract if, at the Owner's written direction, the Work is <br /> stopped for thirty (30) consecutive days through no act or fault of the Contractor, their <br /> agents or employees, or a subcontractor or their agents or employees or any other person <br /> performing work pursuant to the Contract Documents. Contractor may terminate the <br /> Contract if a Court or other Public authority having jurisdiction enters a lawful order that <br /> requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days. <br /> Revised 10/14 7 <br />